<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>ASEAN has gradually attempted to assert itself as a diplomatic force to reckon with. However, over the recent past, it’s ability to deal with regional issues and situations has come under scrutiny. This paper argues that the reason behind such lack of clear decision making arises from the large presence of Soft Law nomenclature in ASEAN agreements, resulting in the lack of any Hard Law obligations on these nations. The paper attempts to highlight the lack of clarity in the nomenclature used in ASEAN agreements, the problems that arise from the same, and the possible reasoning behind the usage of such nomenclature. In conclusion, the paper provides a few solutions and recommendations that could be adopted by the ASEAN community of nations to establish themselves as an economic community.</p>
</abstract>

ASEAN has gradually attempted to assert itself as a diplomatic force to reckon with. However, over the recent past, it’s ability to deal with regional issues and situations has come under scrutiny. This paper argues that the reason behind such lack of clear decision making arises from the large presence of Soft Law nomenclature in ASEAN agreements, resulting in the lack of any Hard Law obligations on these nations. The paper attempts to highlight the lack of clarity in the nomenclature used in ASEAN agreements, the problems that arise from the same, and the possible reasoning behind the usage of such nomenclature. In conclusion, the paper provides a few solutions and recommendations that could be adopted by the ASEAN community of nations to establish themselves as an economic community.

Binding or Non-Binding: Analysing the Nature of the Asean Agreements

Undergraduate Student, NALSAR University of Law

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"Binding or Non-Binding: Analysing the Nature of the Asean Agreements"}

ASEAN has gradually attempted to assert itself as a diplomatic force to reckon with. However, over the recent past, it’s ability to deal with regional issues...

Binding or Non-Binding: Analysing the Nature of the Asean Agreements

Published Online: Aug 19, 2021

Page range: 100 - 123

DOI: https://doi.org/10.2478/iclr-2021-0004

Keywords
ASEAN, nature, binding, hard law, soft law

© 2021 Harsh Mahaseth et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Binding or Non-Binding: Analysing the Nature of the Asean Agreements

Published Online: Aug 19, 2021

Page range: 100 - 123

DOI: https://doi.org/10.2478/iclr-2021-0004

KeywordsASEAN, nature, binding, hard law, soft law

© 2021 Harsh Mahaseth et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
ASEAN, nature, binding, hard law, soft law