The development of the ASEAN Charter : origins and norm codification

• Main Author: Cheeppensook, Kasira
• Published: London School of Economics and Political Science (University of London) 2013
• Subjects: 341.24; JZ International relations
• Online Access: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.634507

The thesis studies the development of the ASEAN Charter with the aim to understand its origins, the needs to codify implicit principles to explicit norms, and norm contestation in the process of drafting the Charter with special reference to Chapter VIII Dispute Settlement Mechanism and Article 14 Human Rights Body. Chapter VIII bestows ASEAN officials such as the Secretary-General with increased authority in mediation while Article 14 prescribes the establishment of concrete and binding regional human rights mechanism. Both constitute unprecedented practices since non-involvement of ASEAN in Members’ unresolved disputes and minimal institutionalism used to be adhered to strictly. The thesis explains why some norms are codified and strengthened while some are weakened in the context of ASEAN’s lifeworld, a shared understanding and common cultural background. Moreover, the concept of artificial lifeworld created by non-state actors when the existing lifeworld lacks normative space for newer norm is also explored. ASEAN is treated as a social context where negotiation takes place and the condition inducing to the use of arguments is analyzed. Having access to Records of the HLTF Meetings, the thesis sheds light on the drafting process which used to remain behind the closed door.