Skip to main content Accessibility help
×
Home
Hostname: page-component-99c86f546-x5mqb Total loading time: 0.259 Render date: 2021-11-29T17:53:55.451Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

8 - Conclusions: assessing the internal effects of ASEAN external relations

Published online by Cambridge University Press:  05 July 2016

Ingo Venzke
Affiliation:
Universiteit van Amsterdam
Li-ann Thio
Affiliation:
National University of Singapore
Get access

Summary

ASEAN's external agreements take many different shapes. They come under different headings and they involve both ASEAN as a distinct entity and its ten Member States as parties on one side of the external agreement. The practice continues to show uncertainties, and it remains in flux.

We have structured our exposition of the internal effects of external agreements along the lines of three different types of such agreements: those with ASEAN as an international organisation as the party to the agreement (Chapter 6) and those that have ASEAN Member States as parties, as plurilateral agreements (Chapter 5) or, in a different reading, as joint agreements (Chapter 6). We have explored the internal effects broadly, to include direct and indirect legal effects as well as effects on the workings of the relationship between ASEAN and its members and between the members themselves. External agreements, we submit, have a bearing on all these relationships.

The overall assessment of the internal effects of ASEAN external agreements, first of all, needs to connect to the type of agreement. If it has the international organisation ASEAN alone as a party, our inquiry shows rather clearly that such agreements do not bind Member States. If members are not themselves parties to the agreement, they could only become bound by ASEAN agreements due to a provision to that effect in the Charter or in a similar document. While such a provision is lacking and cannot be seen on an even distant horizon, this does not conclude the question of internal effects within the ASEAN legal regime. Notably, we drew attention to members’ concurrent and subsidiary responsibility and indirect liability for actions of ASEAN as an IO. Should ASEAN incur financial obligations, for instance, by having to pay damages for a wrongful act, there is a compelling argument that members are indirectly liable.

We set out the internal effects of those external agreements, which clearly have the members themselves as a party, on the basis that this is a matter of both international and domestic law. The backdrop of the assessment here is the insight that general international law, in contrast to European law, does not demand to be given direct effect. That is not to question that domestic law cannot justify any acts that are internationally wrongful.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2016

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Send book to Kindle

To send this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Send book to Dropbox

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox.

Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

Available formats
×