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On the historic occasion of the 40th anniversary of the founding of the Association of Southeast Asian Nations (ASEAN) in 2007, the leaders of the ten-member countries signed the ASEAN Charter. This is an important milestone for the regional group as the Charter will make ASEAN stronger, more united and more effective. The Charter embodies the ASEAN community's purposes and principles, organs and decision-making process; a new legal personality; a system for the settlement of disputes; and an ASEAN Human Rights Body.The Making of the ASEAN Charter captures the insiders' views of the drafting of the Charter and hence is a must-read for anyone interested in ASEAN, international law and the art and science of negotiations.
In 2007, ASEAN adopted the ASEAN Charter, which stated its ambition to become a 'rules-based' community respecting the rule of law. In order to fulfil this objective, it is vital that the necessary legal infrastructure has effective legal support. This book helps readers to understand the need for and role of such a legal service. To begin with, it explores the way ASEAN and its various institutions have evolved. The current situation with respect to the making of rules and settlement of disputes is then analysed, drawing not only on published primary and secondary materials, but also on the experience of diplomats, officials and legal officers. Finally, the authors draw on their practical experiences, as former attorney-general of an ASEAN member state and former head of the European Council legal service, to make recommendations on how an ASEAN Legal Service might be organised.
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