This paper focuses on the role of ASEAN in maintaining peace and security in Southeast Asia. It uses the Temple of Preah Vihear dispute as a case-study to examine both ASEAN's successes and limitations in dealing with a crisis that threatened regional peace. The paper first examines ASEAN's initial response to the conflict and highlights a period of inaction that followed. It then traces ASEAN's renewed efforts to manage the conflict and assesses ASEAN's potential to resolve the dispute. The paper concludes that ASEAN did a remarkable job in facilitating negotiations and was instrumental in preventing the conflict from further escalation. It argues, however, that ASEAN's role remains limited: in particular, problems of institutional design reduce its effectiveness in managing conflicts and settling disputes. The paper concludes by making several suggestions to increase the effectiveness of the organization in maintaining regional peace and security.
On 12 July 2016, the Tribunal in theSouth China Seaarbitration issued its final award. China rejected the ruling as “null and void”. The Philippines dismissed it as “a piece of paper” after initially hailing the ruling a “milestone decision”. The reactions of the parties concerned raise important questions about the bindingness, finality, and state compliance with UNCLOS dispute settlement decisions. This paper addresses these questions by dissecting China’s arguments that the award “has no binding force” and by examining the options available for promoting compliance with the award. The paper also considers the broader question of how states generally comply with UNCLOS dispute settlement decisions and evaluates the significance of UNCLOS dispute settlement mechanisms, including theSouth China Seaarbitration, in the absence of external enforcement.
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