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Will ASEAN form a strong judicial body?
Does ASEAN need a judicial body? Will the judicial body strengthen the unity and cohesion of ASEAN and support the ASEAN spirit?
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ASEAN has withstood the test of time, having commemorated its golden jubilee in 2017. Since its establishment in 1967 it has successfully managed and maintained regional peace and stability as well as building regional resilience. (shutterstock/File)
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SEAN has withstood the test of time, having commemorated its golden jubilee in 2017. Since its establishment in 1967 it has successfully managed and maintained regional peace and stability as well as building regional resilience. With some 634 million people, a gross domestic product (GDP) of US$2.6 trillion and $2.23 trillion in trade, as a regional entity, ASEAN has been a credible and outstanding international institution.
As a rule-based organization under the 2007 ASEAN Charter, there is one important issue that stands before this entity — the establishment of a judicial body. Under the 2004 ASEAN Protocol on Enhanced Dispute Settlement Mechanism (DSM Protocol), ASEAN is mandated to establish a special body to deal with dispute settlement cases related to the economy, trade and investment. The reasons for establishing a quasi-judicial body are in line with the goal of ASEAN becoming a single market, with a highly competitive and economically integrated production base. When there is a trade dispute between or among ASEAN countries, disputes should be settled through the internal dispute mechanism under the 2004 DSM Protocol.
The idea to establish a group specializing in dispute settlements was inspired by the establishment of the Dispute Settlement Body (DSB) at the World Trade Organization (WTO). The DSB adheres to the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU). The DSB has two arms in dealing with disputes, a panel and the Appellate Body. As in the national court system, the panel will carry out duties as a court of first instance, while the Appellate Body will act as a court of appeal as well as the highest court.
Since its establishment in 1995, the WTO has handled more than 500 trade disputes involving WTO member countries. The WTO has been successfully recognized as an effective institution in settling state-to-state dispute settlement cases, compared to other international tribunals, such as the International Court of Justice or the Permanent Court of Arbitration, founded before World War II. The successes of the DSB raises a question: Will ASEAN have a strong judicial body like the WTO?
