MOVING AWAY FROM THE “ASEAN WAY” APPROACH IN ASEAN DISPUTE SETTLEMENT MECHANISMS

Abstract

Abstract: Since the inception of ASEAN in 1967, ASEAN member states have signed and ratified several treaties and agreements to signify their commitments to achieve a single market and production base. However, these treaties and agreements remains to be soft law instruments wherein the ASEAN dispute settlement mechanism envisioned for ASEAN economic agreements under the ASEAN Protocol on Enhanced Dispute Settlement Mechanism (‘EDSM 2004’) is not activated until today. One of the limitations identified by scholars is the ASEAN member states’ continuous clinging to the “ASEAN Way” principles.