The Asean Charter in the context of “New Regionalism”

Abstract

The ASEAN Charter proposed by the eminent Persons group in 2006 is seen as a progressive step forward in the deepening and evolution of ASEAN regional integration. With its signing and ratification ASEAN will attempt to transform its character to be a regional institution in form and function both within the region and internationally.Serious reservations remain as to the competences and impact this legal document will have in particular on the ‘ASEAN way’ of interstate relations and its functional human/civic characteristics which are now a legal part of ASEAN. As national sovereignty is a fundamental feature of ASEAN relations and human rights is an abstract institutional feature of ‘modern’ interstate discourse a fundamental dichotomy has arisen in this regional grouping.The purpose of this paper is the critique the newly ratified ASEAN Charter in terms of ASEAN’s attempt to identify itself with the wider world by means of accessing ‘new regionalism’s’ core mandates. It is the view of this writer that the ASEAN Charter is a lift document intended to keep and/or increase ASEAN’s relevance in the post Cold War world while attempting to keep its core ‘values’ intact. This critique will attempt to blend a theoretical assessment of ASEAN from a institutionalist perspective as well as constructivist to try and ascertain what embodiment the ASEAN Charter is meant to express within the context of ‘new regionalism’