Journal Article

ASEAN and the Frankenstein dilemma: Will ASEAN become a monster? version 1; peer review: 1 approved, 1 not approved

Syam, M Husni, An Aqimuddin, Eka

2022

Overview

Background: International organizations are pivotal as actors in international relations. Although its establishment represents a state, they have their objectives separate from their creators. The Association of Southeast Asian Nations [ASEAN] was created to handle cooperation and maintain peace and security in Southeast Asia. Although ASEAN was equipped with institutional organs to fulfil its purposes, member states' influence is unavoidable. This situation raises the Frankenstein dilemma in which creators cannot fully control its creature. This research aims to elaborate on ASEAN as a separate institution with independent objectives and how far member states can manage ASEAN as its creation. Methods: This study uses descriptive-analytical legal research as a method to examine ASEAN constitutional instruments and its first legal text to elaborate on its capacity as a legal person and its role in distinguishing interests between member states. The two ASEAN constitutional instruments are the Bangkok Declaration, 1967, and The ASEAN Charter, 2007, while the first legal instrument is the Treaty of Amity and Cooperation. All of the resources were gathered from ASEAN legal instruments database.  Results: After carefully examining the documents, since its establishment ASEAN has kept member states at arms-length to realize their interests; the ASEAN position is only to legalize what its member state wants. Even after 40 years, this situation has not changed. While ASEAN has independent objectives and structures, its member states always made institutional designs to control ASEAN's capacity to act in the international forum. In this case, ASEAN is always under the authority of its member states and has never evolved like Frankenstein's creature. Conclusions: ASEAN will never turn into a monster as ASEAN never has sole interests that contradict its members. ASEAN member states always design ASEAN constitutional and legal instruments to restrict its role as an independent legal person in international forums.