| Summary: | The presence of ASEAN Charter induce many reactions. There are
people who appreciate and people who criticize the charter. People who
appreciate it said that the establishment of ASEAN Charter was a milestone. With
the charter, ASEAN is no longer a soft-regulated association but also a legally-
constituted institution. Meanwhile, people who criticize it argue that establishing
ASEAN Charter will not give important change for ASEAN because the
provisions regulated on ASEAN Charter are not new.
This research examined the legalization form of ASEAN Charter,
whether the regulation is soft or hard. Then, the research analized the position of
Singapore, Myanmar, and Indonesia during the drafting process of ASEAN
Charter. According to the Politics of International Law and by using liberalism
perspective, the legalization form of ASEAN Charter is soft law to moderate.
ASEAN Charter was established with the form above because of disparity in each
member state, at their political security, economic, and socio cultural conditions.
In addition, each member states had national interest in the establishment of the
charter.
Although the drafting process of ASEAN Charter was really difficult and
spent much of time, the ASEAN Charter was successfully established. It showed
the importance of ASEAN Charter as a legal framework for ASEAN. In broad
perspective, the establishment of ASEAN Charter showed the importance of
international law as an instrument of cooperation for international actors.
|
|---|