Competitive Legal Analysis
“Activate Dispute Settlement Mechanism under the ASEAN Charter”
Jeong Chun phuoc, 28 April 2011
The Thai-Cambodian border skirmishes must come to an end. Both parties must take cognisance of the dispute settlement mechanism as provided for under the ASEAN Charter.
Article 2 of the ASEAN Charter states as follows :-
ASEAN and its Member States shall act in accordance
with the following Principles:
(a) respect for the independence, sovereignty, equality,
territorial integrity and national identity of all ASEAN
(b) shared commitment and collective responsibility in
enhancing regional peace, security and prosperity;
(c) renunciation of aggression and of the threat or use
of force or other actions in any manner inconsistent
with international law;
(d) reliance on peaceful settlement of disputes;
(e) non-interference in the internal affairs of ASEAN
(f) respect for the right of every Member State to lead
its national existence free from external
interference, subversion and coercion;
(g) enhanced consultations on matters seriously
affecting the common interest of ASEAN.
Both Thailand and Cambodia must not forget that they have signed the Protocol to the ASEAN Charter on Dispute Settlement Mechanisms.
The dispute resolution under the United Nations must be utilised as well. Article 287 of the United Nations Convention, one state has the right to choose one or more of following means for settlement their disputes concerning the interpretation and application of this Convention:-
‘¢ The International Tribunal for the Law of the Sea -ITLOS
‘¢ The International Court of Justice -ICJ
‘¢ An Arbitral Tribunal constituted in accordance with Annex
‘¢ A Special Arbitral Tribunal constituted in accordance
with Annex VIII.
Both Thailand and Cambodia as Member states of ASEAN Community must take serious effort to resolve their disputes. The settlement of dispute by military warfare will not guarantee any amicable settlement to the conflict. The Palestinian and Israel conflict is another good case in point.
Jeong Chun Phuoc
Expert Consultant and a pioneer advocate in Competitive Legal Intelligence(CLI)
and a Reader in Competitive Shariah Intelligence(CSI)
He can be reached at Jeongphu@yahoo.com
**The above professional analysis is the writer’s personal view and in no way represent the view/position of the research institutes/thinktanks/organisations to which he is currently attached to.