ASEAN Law Academy Advanced Programme

Monitoring Compliance by the ASEAN Secretariat, National State Administrators, and Private Actors—Modes and Codes of Best Practices

Module contributor: Professor Simon Chesterman, Dean of NUS Faculty of Law, Deputy Chairman of CIL Governing Board

An important tension in ASEAN’s development as an international organisation is whether the ‘ASEAN Way’ — defined by consultation and consensus, rather than enforceable obligations — is consistent with the goal of making it a community governed by law. A key step towards that goal is measuring compliance with the obligations negotiated under ASEAN auspices. This module examines the changing attitudes towards compliance in ASEAN, as well as the practice and possibilities of monitoring member state compliance.

Students who complete the course will develop an understanding of compliance in international law and the role of monitoring as a tool of compliance. With regard to ASEAN in particular, students will understand the changing role of compliance in ASEAN and the evolving monitoring mechanisms that have been used over time. Students will also become familiar with the various possibilities available for the future, including who does the monitoring, how data are collected, when monitoring should take place, what powers monitors should have, and the role of transparency.

Click here for the reading list and more information on the module.