Browsing by Author "Nattapat Limsiritong"
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ItemAnalysis of ASEAN Charter Related to ASEAN DSMs( 2015-10) Nattapat LimsiritongThe Association of Southeast Asia (ASEAN) are recognized as the well-known regional organization in South East Asia regional. As normal as other inter organizations, ASEAN also has its own Dispute Settlement Mechanism (DSM) to handle with the disputes among ASEAN Member States. Since the establishment of ASEAN in the cold war era till the heading to ASEAN Community by the end of 2015, there are many treaties related to DSM such as ASEAN Charter (2007), Treaty of Amity and Cooperation in Southeast Asia (1976, 1987, 1998, 2010), ASEAN Protocol on Enhanced Dispute Settlement Mechanism (1996, 2004), Protocol to the ASEAN Charter on Dispute Settlement Mechanisms (2010), and etc. This article will show the reader an overview of ASEAN DSM and how to apply these DSMs through the ASEAN Charter.
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ItemThe Deadlock of ASEAN Dispute Settlement Mechanisms and Why ASEAN Cannot Unlock It?( 2016) Nattapat LimsiritongThe objective of this work is to answer the questions that “What is the deadlock of ASEAN Dispute Settlement Mechanisms (ASEAN DSMs)?” and “Why can’t ASEAN unlock it?” by comparative study between ASEAN DSMs and European Union Dispute Settlement Mechanisms (EU DSMs). A result of this work found that a positive consensus in decision making mode of ASEAN Summit under Article 20 of ASEAN Charter (Charter), which is seriously designed to protect the political security of ASEAN, also created a deadlock of ASEAN DSMs as a whole. Finally, in order to bypass this dead-end, the ASEAN needs to reverse the process by using the model of reverse consensus (negative consensus). However, even the Charter opens a gap to unlock its deadlock by re-interpreting of law, the ASEAN Summit still keep seriously staying on an ASEAN way to protect the political security. Hence the deadlock of ASEAN DSMs cannot be solved in practice until the political mindset of ASEAN is changed.
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