Mechanisms of dispute settlement: The ASEAN experience

Contemporary Southeast Asia

Volumn 20, Issue 1, 1998, Pages 38-66

  Caballero Anthony, Mely ^a  

^a Institute of Strategic and International Studies Malaysia   (Malaysia)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 85121272910     PISSN: 0129797X     EISSN: None     Source Type: Journal    
DOI: 10.1355/CS20-1C     Document Type: Article

References (42)

1. Joseph Nye, Peace in Parts (Boston: Little, Brown and Company, 1971), chapter 5.
2. For a detailed discussion on regional organizations and security framework, see Amitav Acharya, Regional Approaches to Security in the Third World: Lessons and Prospects, Occasional Paper No. 15 (Toronto, Ontario: Centre for International and Strategic Studies, September 1992).
3. This insecurity complex is conversely referred to as security orientation; see Lynn Miller, “The Subordinate System: Type of Regional Organizations”, in The International Politics of Regions: A Comparative Approach, edited by Louis Cantori and Steven Spiegel (Englewood Cliffs, New Jersey: Prentice Hall, Inc., 1970), p. 361.
4. For a review of the activities of various organizations throughout much of the Cold War, see Mark Zacher, International Conflicts and Collective Security, 1946–1977 (New York: Praeger Press, 1979).
5. Boutros Boutros-Ghali, An Agenda for Peace: Preventive Diplomacy, Peace-making and Peace-Keeping (United Nations, 1992), pp. 36–37.
6. See William T. Tow, Subregional Security Cooperation in the Third World (Boulder, Colorado: Lynne Reinner Publishers, 1990), p. 14.
7. Analysts usually draw a distinction between the terms “conflict resolution” and “conflict management”. Conflict resolution would involve elimination and termi-nation of conflict, and resolving the fundamental differences and grievances under-lying the conflict, whereas conflict management involves elimination of violence or a de-escalation of hostilities without really eliminating the root cause(s) of conflict. See C.R. Mitchell, The Structure of International Conflict (New York: St. Martin’s Press, 1981), parts 1 & 4. And for further discussions on the approaches to conflict resolution, see Edward E. Azar and John W. Burton, eds., International Conflict Resolution: Theory and Practice (Boulder, Colorado: Lynne Reinner, 1986).
8. Analysts usually draw a distinction between the terms “conflict resolution” and “conflict management”. Conflict resolution would involve elimination and termi-nation of conflict, and resolving the fundamental differences and grievances under-lying the conflict, whereas conflict management involves elimination of violence or a de-escalation of hostilities without really eliminating the root cause(s) of conflict. See C.R. Mitchell, The Structure of International Conflict (New York: St. Martin’s Press, 1981), parts 1 & 4. And for further discussions on the approaches to conflict resolution, see Edward E. Azar and John W. Burton, eds., International Conflict Resolution: Theory and Practice (Boulder, Colorado: Lynne Reinner, 1986). pp. 253–79.
9. See Muthiah Alagappa, “Regionalism and Conflict Management: A Framework for Analysis”, Review of International Studies (1995), p. 371.
10. Fen Osler and Brian Mandell, “Managing Regional Conflict: Security Cooperation and Third Party Mediators”, International Journal 45 (Spring 1990): 191–201.
11. Brunei Darussalam was the last state in Southeast Asia to gain its independence and only got it from the British in 1984. It joined ASEAN immediately after its independence.
12. Roger Irvine, “The Formative Years of ASEAN: 1967–1975”, in Understanding ASEAN, edited by Alison Bronowski (London: Macmillan Press, 1982), chapter 2. There are many works which have discussed earlier attempts to form a sub-regional organization in Southeast Asia under the context of ASEAN. See, for example, Estrella Solidum, Towards a Southeast Asian Community (Quezon City: University of the Philippines, 1974); Arfinn Jorgensen-Dahl, Regional Organization and Order in Southeast Asia (New York: St. Martin’s Press, 1982); Michael Leifer, ASEAN and the Security of Southeast Asia (London: Routledge, 1989); Michael Antolik, ASEAN and the Diplomacy of Accommodation (Armonk, New York: M.E. Sharpe, Inc., 1990).
13. Michael Leifer, op. cit, p. 19.
14. For a more detailed account of the “Konfrontasi” period, see J.A.C. Mackie, Konfrontasi: The Indonesian-Malaysian Dispute 1963–1966 (Kuala Lumpur: Oxford, 1974).
15. Michael Antolik, op. cit., p. 14.
16. Michael Leifer, op. cit., p. 150.
17. See Mohamed Jawhar Hassan, “Managing Security in Southeast Asia: Existing Mechanisms and Processes to Address Regional Conflicts”, Australian Journal of International Affairs 47 (1993): 210–20. See also Hoang Anh Tuan, “ASEAN Dispute Management: Implications for Vietnam and an Expanded ASEAN”, Contemporary Southeast Asia 18, no. 1 (June 1996): 61–80.
18. David Irvine, “Making Haste Less Slowly: ASEAN from 1975”, in Understanding ASEAN, edited by Alison Bronowski (London: Macmillan Press, Ltd., 1982), p. 50.
19. Mohamed Jawhar Hassan, op. cit., p. 211.
20. For a more intensive discussion of this concept, see Heiner Hanggi, ASEAN and the ZOPFAN Concept (Singapore: Institute of Southeast Asian Studies, 1991), particu-larly p. 51.
21. For a more intensive discussion of this concept, see Heiner Hanggi, ASEAN and the ZOPFAN Concept (Singapore: Institute of Southeast Asian Studies, 1991), particularly p. 24.
22. Vitit Muntarbhorn, The Challenge of Law: Legal Cooperation among ASEAN Countries (Bangkok: Institute of Security and International Studies, 1986), p. 19.
23. See Michael Haas, The Asian Way to Peace: A Story of Regional Co-operation (New York: Praeger Publishers, 1989), p. 5. He has elaborated this Asian way to peace in chapter 1.
24. See the Prime Minister’s address at the 30th ASEAN Foreign Ministers’ Meeting, “The ASEAN Way to Prosperity and Neighbourliness, New Straits Times, 25 July 1997.
25. Hong Anh Tuan, “ASEAN Dispute Management: Implications for Vietnam and An Expanded ASEAN”, Contemporary Southeast Asia 18, no. 1 (June 1996): 63.
26. Michael Antolik, op. cit.
27. Michael Antolik, pp. 156–57.
28. For a more detailed account of the Philippines and Sabah, see Lela Garner Noble, “The National Interest and the National Image: Philippine Policy in Asia”, in Asian Survey, June 1973.
29. For a more detailed account of the Philippines and Sabah, see Lela Garner Noble, “The National Interest and the National Image: Philippine Policy in Asia”, in Asian Survey, June 1973., p. 20.
30. Chin Kin Wah, The Defense of Malaysia and Singapore (Cambridge: Cambridge University Press, 1983), pp. 256–59, as cited in Michael Leifer, op. cit., p. 34.
31. Michael Antolik, op. cit., p. 156.
32. Michael Antolik, op. cit., p. 71.
33. There has already been several attempts by the Philippine administration to drop its claim but domestic politics has somehow hindered the official renunciation. As early as 1977, former President Marcos announced that the country was going to take steps to drop the claim, pending bilateral negotiations. Malaysia stood firm on its position not to negotiate and to settle for nothing less than a formal renunciation. When the next President, Corazon Aquino took over in 1986, steps were once again taken to drop the Sabah claim but the Philippine Congress stood in the way, insisting that Malaysia should meet certain conditions before the claim could be officially dropped. So far, that issue is yet to be fully addressed.
34. Michael Leifer, op. cit., pp. 38–39.
35. This was clarified in an interview with a Malaysian diplomat, Kuala Lumpur, Malaysia, August 1997.
36. Koentjaraningrat, “The Village in Indonesia Today”, in Villages in Indonesia, edited by Koentjaraningrat (Ithaca: Cornell University Press, 1967), p. 397, as quoted in Pushpa Thambipillai and J. Savaranamuttu, ASEAN Negotiations: Two Insights (Singapore: Institute of Southeast Asian Studies, 1985), p. 11.
37. Interview with an Indonesian scholar, Jakarta, Indonesia, August 1997.
38. As told to the author by the Malaysian diplomat, and re-affirmed by a Philippine diplomat in her interviews with both, Kuala Lumpur and Manila, August–Septem-ber 1997.
39. Interview with a Philippine diplomat, Manila, September 1997.
40. Hoang Anh Tuan, op. cit., p. 63.
41. For a more detailed account on the workings of ZOPFAN behind the scene, see Heiner Hanggi, op. cit.
42. Amitav Acharya, “A Regional Security Community in Southeast Asia?” Journal of Strategic Studies 18, no. 3 (September 1995).