เพราะเหตุใดเราต้องศึกษากฎหมายอาเซียน <br>“Why Should We Study ASEAN Law”

Abstract

Background
The ASEAN Charter has transformed the Association of Southeast Asian Nations (ASEAN) from a loose international association into a full-fledged international organization since its entering into force in 2008. The ASEAN at present has both domestic legal personality and international legal personality, and thus can now conclude both a contract and a treaty. It also has privileges and immunities necessary for the exercise of its functions.

The ASEAN Charter envisages the ASEAN to be an ASEAN Community (AC) in which the ASEAN Member States (AMSs) and their political, economic, social, and cultural components, including their respective peoples, can integrate and interact with each other more broadly, deeply, and closely in all matters. It contemplates the AC to comprise 3 subcomponents, namely (1) ASEAN Political Security Community (APSC), (2) ASEAN Economic Community (AEC), and (3) ASEAN Socio-Cultural Community (ASCC) by the end of 2015.

In addition, as a supreme ASEAN legal instrument, the ASEAN Charter has also laid down many legal principles: such as amity and cooperation; sovereignty equality of ASEAN Member States; territorial integrity of ASEAN Member States; non-interference in internal affairs of other ASEAN Member States; renunciation of aggression and of the threat or use of force or other actions in any manner inconsistent with international law; adherence to the rule of law, good governance, democracy and constitutional government; respect for fundamental freedoms; promotion and protection of human rights; promotion of social justice; upholding the United Nations Charter and international law, including international humanitarian law, subscribed to by ASEAN Member States; respect for the different cultures, languages and religions of the peoples of ASEAN, while emphasising their common values in the spirit of unity in diversity.