From a legal perspective, regional integration is defined as a process of creating and enhancing authority which exercises prescriptive and enforcement jurisdiction in pursuance of community objectives at a regional level. It is sometimes...
moreFrom a legal perspective, regional integration is defined as a process of creating and enhancing authority which exercises prescriptive and enforcement jurisdiction in pursuance of community objectives at a regional level. It is sometimes called super-partes or supranational organisation that maintains neutral power to ensure the implementation of the community’s policies and objectives according to the theories of functionalism and/or neo-functionalism. The most advanced model of a supranational organisation, the European Union, has achieved this level of development with mechanisms related to the exercise of power in a vertical or top-down direction. While a vertical mechanism would also be of benefit for the regional integration of the ASEAN Community, the adoption of such a mechanism is currently onerous due to certain obstacles, which include some common values and a lack of effective institutions. Since these are basic issues of concern for ASEAN integration, they will be re-examined in this research.
Despite the said obstacles, the ASEAN Community struggles to find ways to pursue its objectives, as delineated in the ASEAN Charter, by adopting a horizontal mechanism that could enhance regional integration. This alternative means can be illustrated by the existence and functionality of the ASEAN’s particular organs called infra-partes, which are comparable to the super-partes authority, as supported by, inter alia, the theories of transactionalism and autopoiesis. These organs include the public and non-public sectors within Member States, which exercise a functional role in the form of sub-communities to pursue specific tasks. Some of them have been specifically established as institutions; for example, the ASEAN Inter-Parliamentary Assembly (AIPA) and the ASEANAPOL and ASEAN University Network (AUN). However, the role of those that have not been established as institutions will be further examined in this research.
Compared to other advanced regional blocs, such as the European Union, the MERCOSUR, and the Eastern African Community, the infra-partes organs in the ASEAN Community often compete with, and prevail over, regional and inter-governmental authority, since their operation is supported by the ASEAN common values, as evidenced in its legal and non-legal instruments, in conjunction with the practices of the relevant organs of the Member States, which endorsed the operating networks of the infra-partes organs with the assumption that this would strengthen future regional integration. The functionality of these networks has been described by non-legal doctrines, which are often discussed in sociological and political science, but it has been overlooked in law treatises. The connecting points between non-legal and legal issues need to be translated from non-legal to legal aspects for an analysis and proposal for specific legal institutions of the ASEAN Community, and this will be emphasised in this research.
In doing so, the legal fundamentals of the infra-partes organs will be ascertained, including, but not limited to, the legal mechanism of these organs to enhance integration, the law governing their activities, their role in generating and crystallising legal norms, the restrained power of member states in exercising jurisdiction over their decisions, etc. Their weaknesses will be examined and proposals made for the further contribution of these organs to the ASEAN integration.