The association of South East Asian
Nation, ASEAN, is a very geographic, political and economic organization of the
ten countries in south East Asia. The
association came into being 1967 a loose organization with Singapore,
Indonesia, Malaysia, Thailand and the Philippines as Pioneer members. The
association later expanded to include Burma Bruneirs Cambodia, Laos and Vidnam.
These are full members of ASEAN.
Origin
and Aims ASEAN was preceded by an organization called the Association of South
East Asia, ASA formed in 1961 comprising the Philippines, Malaysia and
Thailand. ASEAN was established in 1967 when the foreign ministers of
Indonesia, Malaysia, Philippines, Singa pore and Thailand met in Bangkok, the
Thai capital and signed the ASEAN declaration, which came to be known as the
Bangkok, declaration.
Broadly speaking, ASEAN could be
described as a product of the cold war. At a time when issues of international
significance were mirrored along the East-West ideological stigmatization,
ASEAN elites felt a need for a more non-aligned forum where issues of nation
building could be harnessed. The fear of communism from the east was balanced
by an equal lack of faith in the western alliance creating a climate of distrust
and fear towards the outside environment. There was an urgent desire to lay
solid foundations for the economic development of the respective countries
involved and the entire region as a bloc. There was also the hope, particularly
on the parts of Malaysia and
Singapore, to contain what it saw as Indonesia’s hegemonic aspirations through
the instrument of ASEAN. The feeling here is that under the umbrella of ASEAN,
members would be more co-operative and less aggressive, thereby compelling each
member to appreciate the desire for a more co-operative frame work..
Apart from geographical location, a
prospective ASEAN membership must depend on the acceptance of the ASEAN treaty
of amity and co-operation signed in 1976. It is also expected that members must
meet the established trade liberalization requirements guiding the admission of
new members. A prospective member must also win the consensus approval of all ASEAN
members before such applications deemed successful.
ASEAN
treaty allows now substantive members to attend meeting and relate with the
organization on a co-operative basis. Some countries enjoy observer status
which allows them to attend ASEAN meetings such the ministerial conference the
ASEAN regional forum and the post ministerial conference countries outside the
ASEAN region but who expresses significant interests in South-East Asia are
granted dialogue partnership many countries outside the immediate ASEAN Geographical
environment enjoy this status. This is a further reflection of ASEAN relevance
in the political and economic consideration of other countries as a major
player. Dialogue partners participate in the post- ministerial conference and ASEAN
regional forum. Dialogue members of ASEAN include US, Canada, Japan, South
Korea, the European Union, Russia, China, India, Australia and New Zealand. ASEAN
has a free trade agreement with all these countries. The 1980s was a period of
rapid economic growth for ASEAN countries. This led to the expansion of
membership aimed at accommodating countries in the region with less economic
capabilities. In 1996, ASEAN took a major political step by declaring that all
south-east Asian countries would be granted membership of the organization by
the year 2000. The implication of this move was that second tier developing
economies were brought into the organization. The weak economics of Cambodia,
Laos, Burma and Victnam required policy adjustments and creation of now set of
guidelines in order to accommodate these lesser developed economic symptoms.
Political flexibility- one of the major factors responsible for the
formation of ASEAN was to guard against the treat of communism from China and
Indo china countries (Combodia, Laos and Vietlan. These countries were however
quickly assimilated into the organization. ASEAN do not have a laid down
practice on political systems and human rights issues. Never at any points in
the history of ASEAN were matters such as democracy, internal political
conditions and human rights issues allowed to play significant roles in ASEAN
relationship. The organizations do not look upon these factors as criteria for
membership. The probably explains why countries with the most human rights
rewards and democratic abuses are found within the organization ASEAN
emphasizes a deliberate policy of political tolerance towards its members
states.
ASEAN parades an array of different
political system and connotations. In the Philippines and to a reasonable
extent Thailand and Indonesia. Their democratic openness are graving. In
Malaysia. Despotism and Plutocracy is still the order of the day. Communication
dictatorship remaining Vietnam and Laos while absolute monarchy holds sway in
Brunoi. Burma holds invariable record as one of the last vestiges of repressive
military dictatorships in the world.
Fundamental
principles- the fundamental principles of ASEAN include the following
1. Marital
respect for the independence, sovereignty, equality and territorial integrity
and national identity of all nations
2. The
right of every state to lead its nation existence free from external
interference, subversion or coercion.
3. Non-interference
in the internal affairs of on another
4. Settlement
of differences or disputes by peaceful unlearns.
5. Renunciation
of the threat or use of force.
6. Effective
co-operation among one another.
7. The
acceleration of economic growth, social progress social progress, and cultural
development among member states.
Regional security- during its first 20 years of
existence, asean concentrated its energy on building economic cultural and
social ties among its members. In the 1990s however, the organization decided
to bring into focus widen issues of political and security dimensions aimed at
strengthening peace and stability in the region.
In 1993, the ASEAN regional forum (A.R.F)
was created. This became a multi-lateral consultative forum whose aim was to
promote preventive diplomacy, transparency defecne maters and confidence
building in the region although ARF is primarily concerned with regional
security co-operation and consultation, ASEAN do not aim at a definitive
military pact. Members oppose a formal military commitment but instead opts for
a web of loose bilateral military co-operative ties among different pairs of
states as the best format for regional security arrangement. Most ASEAN
countries have an inter locking series of bilateral security and military
arrangements with many countries outside the region. Such arrangements include
senior-level meetings, multi service military exercise, exchange training programmes
and attendance of officers and non- commissioned officers at formal school
causes these programmes are aimed at achieving transparency greater
professionalism and regional understanding.
ASEAN do
not have the intention of a formal military fact as an immediate objective
though its individual steadily increase. With improvement in their economic
positions many ASEAN countries have continued to upgrade their military systems
through standardized training and purchases of never and better equipments. There
is no fear of a regional arms race in the region. Most ASEAN countries have
relatively small armed forces with the exception of Vietnam which has one of
the largest armed forces in the world.
The south East Nuclear weapons free
zone treaty was created in1997 banning all nuclear weapons in the ASEAN region.
The aim again was to foster peace and satiability while eliminating unnecessary
fear and distrust.
Environmental
focus- since the beginning of the 21st century, asean has expanded
its focus to include a more positive perspective on environmental issues. The
asean wildlife enforcement network was created in 2005 to take up issues
concerning wild life and endangered species. The Asia- pacific partnership on
ulcam development and climate was also created in response to global change and
environmental protection.
Democratic
principles- ASEAN members if not improve democracy as a system for its members.
It accepts however that reasonable democratic principles should be encouraged
as much as it is possible to do so within the internal political make up of
individual states. The Bali concord 11 of 2003 subscribed to the notion of
“democratic peace”. This means that all members countries believe that
democratic processes will promote regional believe that democratic processes
will promote regional peace and stability. The non- democratic members of asean
also agree that democracy was something all states should aspire. Their
position is that while democracy is desirable, it can neither be enforced nor
improved. Member’s countries are encouraged to condition their democratic
aspirations on their peculiar socio-cultural background and related
circumstances. This explains why asean has refused to take any measure against
the Burmese military leadership despite persistent criticism from the United
States and its allies.
In 2006, asean was granted observer
status at the united nations general assembly. As a response, the organization
awarded the united nations the status of a “dialogue partner”
Criticism:-
1. the principle of non-interference has
blunted asean efforts in handling the Burmese problem. The continued tolerance
of large scale repression and human rights violations by the military regime in
Myanmar reflects very badly on the entire organization. Myanmar remains a test
case for asean and until positive steps are taken in this regard, the
organizations will continue to be viewed in bad light. The issue of political
modernization by asean members remain a very serious issues.
2. the consensus- based approach in
decision making gives each member a veto in policy matters . this could lead to
lond delay in decision making while at other times, decisions are significantly
watered down to accommodate the sentiments of every one.
3. asean is often reviewed on a mere talk
shop. Long onwards yet short in action.
4. inequality- the disparity in the
population, military size and economic standing of asean members is seem as a
factor of restraints.
REGIONAL INTEGRATION
Introduction/background-
regional integration is a process in which states enter into a regional
agreement in other to enhance regional co-operation through the establishment
of regional institutions and rules. Regional integration is mainly an economic
strategy aimed at collective self reliance and development in a competitive and
hostile world environment. Regional integration could also extend to the
political, social, cultural and religious spheres of co-operation. Its
commercial and social-political objectives could be structured to achieve
greater strategic and security purposes. Further explained integration is the
loving together of group of states or organizations with share interest,
problems and expectation with greater emphasis on collaborative behaviour
rather them individualistic or conflicting actions. The basic assumption
underlying regional integration is the belief that integration can bring
greater prosperity than individual action. Regional integration is considered a
vital element in the international strategy for development for both developed
and developing countries. The United Nations recognized the importance of
regional integration as a form of developmental strategy hence the
establishment of special commissions for some of its backward members. An
example of such commission7 is ECA, the economic commission for Africa.
Part efforts at regional
integrations have often focused on removing barriers to free trade in the
region, in creating the free movement of people, labour, goods and capital
across national boundaries, reducing regional conflicts and mars through advanced security and confidence measures and
adopting cohesive regional stance on issues of international significance.
A historical overview- regional integration reflects a level of collective
agreement and solidarity among states in a give geo-political entity in matters of trade, capital, labour, flow,
foreign direct investment and integrated
policies in mean of common interest. Such areas may further include the
environment, climate change, gross-border migration and international criminal
activities. Philippe de Lombarde and Luk Van Langen have defined regional
integration as a world wide phenomenon of territorial systems that increase the
interactions between their components and creates new forms of organizations at
the national level.
According to Hams Van Ginkel,
Regional integration is the process by which states within a particular region
increase their level of interaction with regard to economic security, political
and also socio-cultural issues. Regional integration involves the joining of
individual states within a region into a large whole. The degree of integration
depends on the willingness and commitment of independent sovereign states to reduce
or at best share their sovereignty.
The 18th, 19th
and early 20th centuries were characterized by internal conflicts
and rivalries among the European powers. These rivalries has at its roots the
need for integration. The process however was impeded by the characteristics of
extreme rationalism which dominated the thinking of European leaders and statement
of the era. The efforts of Napoleaon Bouarparte, Otto Van Bismarck and Adolf
Hitler to dominate Europe and indeed the rest of the world, during their time,
were attempts at integration these attempts however were not based on mutual
benefits for all nor were the member countries and the people being integrated
allowed to determine whether they desired to do so and on what bases. As a
result, those efforts led to serious political and economic upheaval which
resulted in further European disintegration.
Accorording to Van Langanhove,
regional integration initiatives should fulfill at least eight important
functions:-
1. the strengthening of trade integration
in the region
2. the creation of an appropriate enabling
environment for private sectors development
3. the economic growth and regional
integration
4. the
development of strong public sector institutions of good governance
5. The
reduction of social exclusion and the development of the inclusive civil
society
6. Contribution to peace and security in
the region
7. The building of environmental
programmes at the regional level.
8. the strengthening of the regions
interaction with other regions of the world.
In political, economic and strategic
matters, the two greenways of the 20th century marked a most
dramatic turning point in the evolutionary process that has characterized human
interaction and inter state relationship in the modern world. Europe was
confronted with the sole and highly desirable objective or establishing
enduring peace and laying the foundation for economic prosperity in the
continent. This was the bases of the vigour and frenzy with which European
leader began the process of reconstruction aimed it building a more united and
prosperous Europe from the ruins of 1945.
The law of the sea
Over the years, there have been
series of agreement and understandings dealing with the sharing of the
resources of the sea, its general usage and other international worter. The law
of the sea is not as rigous or chequred as the laws of non and aimed conflict
but both have worked together to create a more tranquil and more accessible
international environment.
The 1979 UN convention on the law of
the sea was the most comprehensive agreement reached on the law of the sea. Its
success was the result of decades of conferences and actions on the issues
which started long before the UN itself was created. The laws of the sea again
has its roots on the arguments of Hugo Grotims. It was agreed that there ought
to be freedom on the high seas and as such there must be races guarding and
preserving the existence of this freedom. These agreements were based on the
following principles:
1. The high sea can never come under the
sovereignty of one part in law state as against what has been attempted in the
past.
2. There
is absolute freedom of navigation on the high sea for vessels of all nations
whether worships or merchant ships.
3. In
general terms, no state may exercise jurisdiction over the ship on the high sea
which does not bear ha flag.
4. A
state may, as a general rule, exercise jurisdiction over a particular ship only
by virtue of the ship flying its national flag.
5. Every
state and her citizens are entitled to make use of the high sea for laying
submarine cables and oil pipelines for the conduct of fisheries and for
scientific and technological purposes.
6. There
is an absolute freedom of flight above international waters for all aircraft.
7. The
resources of the high sea belongs to all states, though not all states has the
capacity N one time to exploit the resources of the high seas.
Innocent and non innocent passage
With
the territorial sea, the state is supposed to have exclusive territorial
jurisdiction, but the right of passage for others must be guaranteed. This is
the right of free navigation through the territorial sea of another state. This
is called innocent passage when such navigation is intended purely for the
purpose of :
1. Entering
the sea without entering internal waters of calling of a road stead or ports
facilities outside international waters.
2. Proceeding
to or from international waters or a call at such roadstead or ports facility.
3. Innocent
passage exists as long as it sis not prejudicial to the peace, good order and
security of the coastal state.
The
convention went ahead to identify what could constitute a non-innocent passage.
These include:
1. Any
threat or use of force against the sovereignty, territorial integrity or
political independence of the coastal state.
2. Any
exercise or practice with weapons of any kind.
3. Any
act aimed at collecting information to the prejudice of the defense or security
of the coastal state.
4. Any
act of propaganda aimed at affecting the defense or security of a coastal
state-acts of espionage.
5. Launching,
landing or taking on board of any aircraft intended for hostile purposes.
6. Launching,
landing or taking on board of any military device.
7. any
act of willful and serious pollution contrary to the rules of the convention.
8. Any
unauthorized fishing activity.
9. Any
act aimed at interfering with any system of communication or other facilities
of interest to the coastal state.
Jurisdiction over a foreign ship: The coastal state, with reference to criminal
jurisdiction, is not expected to extend its jurisdiction over passing ships,
the coastal state has some conditions over which it may want to extend its
criminal jurisdiction over a foreign ship which is supposed to be engaged in non-innocent
passage. The UN convention of 1958 provides that a state has the right to know whether a
passing ship is carrying any vacotics or psychotropic substances considered
injurious to the coastal state or which generally contravenes international law
if.
1. The
consequences of the crime extends to the coastal state.
2. The
crime is of such a kind that would disturb the peace and good order of the
coastal state
3. The
captain of the ship invites the authorities of the coastal state for whatever
reason
4. It
is necessary for the coastal state to intervene if order to stop illicit deal
or drug trafficking
5. It
violates the regulations of the coastal state in which care the coastal state
may request it to go back.
6. The
ship is engaged in illicit activity of any sort that constitutes a breath of
international laws.
The contiguous zone, straits and canal: the contiguous zone is a continuation of the
territorial waters of the coastal state. It may not extend beyond 24 nautical
miles from the base line from which the breath of the sea is measured. 12
nautical miles is the agreed length of the territorial waters although some states may shorten it
but it must not go beyond 12 nautical miles
Straits- a strait is a piece of water between two land areas.
It is different from a canal. A strait is natural but a canal can be manmade.
Right of passage through a strait are similar to those of high seas. Straits
are not territorial water and cannot be divided by states. It also cannot be
appropriated.
Canal -canal is an artificial passage trench of water purposely created by
man. Right to passage is subject to the permission of the coastal state or
states which has control over the canal. Canals are created for the purpose so commerce,
military uses and other maritime activities. The seek canal in Egypt is a good
example
The
archipelagic state- this is a state constituted wholley by one or more
archipelagos, that is a group of islands and inter connecting waters and other
natural features which are so closely inter related that such islands and other
natural features form an intrinsic geographically economic and political entity
or which historically has been regarded as such. Some states may fall within
this definition but would opt not to declare themselves as such. This is the
case with Britain and Japan. All water within the state has sovereignty but
existing agreements, traditional fishing rights and existing submarine cables
must be respected. In addition, ships of all states shall enjoy the rights of
innocent passage through archipelagic waters and all ships and aircraft are to
enjoy a right of archipelagic sea lanes passage through such lanes and air
routes designated by the archipelagic state for continuous and expeditious
passage.
The exclusive economic zone (EEZ): the exclusive economic zone is an area beyond and
adjacent to the territorial sea subject to the specific legal regime
established in the convention under which the rights and jurisdiction of the
coastal states and rights and freedom of other states are recognized. The eel
shall not extend beyond 200 nautical miles from the base lines from which the
breath of the territorial sea is measured. One of the major reason for the 200
miles exclusive economic zone was the controversy over fishing zones and the exploitation
of other sea resources.
The rights, jurisdiction and duties of
coastal states over EEZ
Articles
55-57 of UNCLOS provides the following:
1. the
coastal state has sovereign right for the purpose of exploring and exploiting,
preserving and management the natural resources whether living or non living of
the waters separjacent to the sea bed and of the sea bed and its subsoil and
with regard to other activities for the economic exploitation and exploration
of the zone such as the production of energy from the water, current and winds.
2. the
coastal state has jurisdiction with reference to the establishment and use of
artificial islands installations and structures as well as conducting marine
and scientific research.
3. it
also protects and preserves the marine environment within 200 nautical airless
radius.
4. in
exercising this right, the coastal state shall have regard to the rights and
duties of other states.
5. conflicts
are to be resolved on the basis of
equity and in the light of all relevant circumstances.
In
the eez, all states whether coastal or
land locked enjoy the freedom of navigation and over flight and of laying of
submarine cables and pipelines and other internationally lawful uses of the sea
related to these freedoms such as these associated with the operation of ships,
aircrafts and submarines cables and pipelines and compatible with the various
provisions of the convention. These are to be worked out through agreements.
In exercising their rights and
performing their duties in the EEZ, states shall have due regard for the rights
and duties of the coastal states and shall couly with laws and regulations
adopted by the coastal states in accordance with the provisions of the
convention.
Within the EEZ, the coastal state is
to have exclusive right to construct and authorize or regulate the construction
operation and use of artificial islands, installations and structures provided
for in the convention, relevant for achieving economic purposes and also
ensuring the exercise of right by other states which will not interfere with
the interest of the coastal states. The coastal states may, where necessary,
establish reasonable safety zones around artificial islands, instillations and
structures, and may take appropriate measures to ensure the safety of
navigation and of the artificial islands and structures.
The
conservation of living resources_ in conserving the living resources of the
sea, the convention provides as follows:
1. Coastal
states shall determine the “allowable catch” of the living resources in its EEZ
2. The
coastal state, taking into account, the best scientific evidence available to
it shall ensure, through proper conservation and management, measures that the
maintenance of living resource in the EEZ is not enlarged by over exploitation.
3. Such
measures shall also be designed to maintain or restore population of the
harvested species of levels which can produce the maximum sustainable yields as
qualified by relevant environmental and economic factors including the economic
needs of coastal fishing communities and the special requirements of developing
states and taking into account fishing patterns, interdependence of stocks and
any generally recommended international maximum standards whether sub-regional,
regional, continental or universal.
Utilization of living resources in the
EEZ- the coastal states shall promote
the objective or optimum utilization of the living resources in the EEZ. It
shall also determine its own capacity to harvest the resources of the EEZ. When
the coastal state does not have the capacity to harvest the entire allowable
catch, it shall through agreements or other arrangements give other states
access to the samples of the allowable catch having particular regard to the
provision of the conventions dealing with the right of land. Locked states and
geographically disadvantaged states.
In giving access to other states to
the EEZ. The coastal states shall take into account all relevant factors
including inter alia, the significance of the resources of the area to the
economy of the coastal state convened and its other national interest as well
as the interest of land locked and geographically disadvantaged states in
addition to the requirements of developing states in the region in harvesting
part of the surplus and the need to minimize economic dislocation in states
whose nationals have habitually dished in the zone or which have made
substantial efforts in research and identification of stock.
The
resources of the sea as a common human heritage:- This concept holds that the
entire resources of the sea belongs to the entire Humanity and that no state
irrespective of ability or geographical location should be denied the right to
benefit from this free gift of nature.
Under the provisions of UNCLOS, land-locked
states and geographical disadvantaged areas are guaranteed that right to
participate on an equitable basis in the exploitation of an appropriate part of
the surplus of the living resources of the EEZ of coastal states of the same
region or sub region. This must take into account the relevant economic and
geographical circumstances of all the states conceived. The terms and
modalities of such participation shall be established by the states concerned
through bilateral agreements. Further taking into account such factors as
1. The
need to avoid effects detrimental to the fishing communities or fishing
industries of the coastal state.
2. The
extent to which the land locked states is participation or is entitled to
participate under existing agreements in the exploitation of living resources
of the EEZ of other coastal states.
The right of land locked and
geographically disadvantaged areas to benefit from the resources of the sea is
premised on the understanding that the resources of the sea is a free gift if
nature intended by God to serve the common good of all humanity.
Land
locked states:- land locked states are states that do not have direct access to
the sea. Such states cannot be denied the one of the sea. Article 3 or the 1950
Geneva Convention on the High seas provided that states having no sea coast are
entitled to have free access to the sea in order to enjoy freedom of the seas
on equal terms with coastal states. Article 125 of the 1982 convention on the
law of the sea provided as follows:
1. Land
– locked states shall have the right of access to and from the sea for the
purpose of exercising the right provided for in this convention including those
relating to the freedom of the high seas and the common heritage of mankind. To
this end , land locked states shall enjoy freedom of transit through the
territory of transit states by all means of transport.
2. the
terms and modalities for exercising freedom of transit shall be agreed between
the land locked states and the transit state concerned through bilateral, sub
regional or regional agreements.
3. transit
states, in the exercise of their full sovereignty over their territory shall
have the right to take all measures necessary to ensure that the right and
facilities provided for in this part for land – locked states shall in no way
infringe their legitimate interest.
The
convention also provides that ships flying the flag of land locked states shall
enjoy equal treatment with other foreign ships in maritime