Binding or non-binding: analysing the nature of the Asean agreements

Mahaseth, Harsh and Subramaniam, Karthik (2021) Binding or non-binding: analysing the nature of the Asean agreements. International and Comparative Law Review, 21 (1). pp. 100-123. ISSN 12138770

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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

Item Type: Article
Keywords: ASEAN | Nature | Binding | Hard law | Soft law
Subjects: Social Sciences and humanities > Social Sciences > International Relations
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Shilpi Rana
Date Deposited: 27 Nov 2021 06:13
Last Modified: 10 Dec 2021 08:57
Official URL:


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