1976 Treaty of Amity and Cooperation in Southeast Asia
|Short Title / Abbreviations||
|CIL Subject Classification|
|Date of Adoption||24/02/1976|
|Place of Adoption||Bali, Indonesia, 1st ASEAN Summit|
|Issued/Adopted by||Heads of State/Government of ASEAN|
|Dispute settlement provisions||
CHAPTER IV : PACIFIC SETTLEMENT OF DISPUTES
The High Contracting Parties shall have the determination and good faith to prevent disputes from arising. In case disputes on matters directly affecting them should arise, especially disputes likely to disturb regional peace and harmony, they shall refrain from the threat or use of force and shall at all times settle such disputes among themselves through friendly negotiations.
To settle disputes through regional processes, the High Contracting Parties shall constitute, as a continuing body, a High Council comprising a Representative at ministerial level from each of the High Contracting Parties to take cognizance of the existence of disputes or situations likely to disturb regional peace and harmony.
In the event no solution is reached through direct negotiations, the High Council shall take cognizance of the dispute or the situation and shall recommend to the parties in dispute appropriate means of settlement such as good offices, mediation, inquiry or conciliation. The High Council may however offer its good offices, or upon agreement of the parties in dispute, constitute itself into a committee of mediation, inquiry or conciliation. When deemed necessary, the High Council shall recommend appropriate measures for the prevention of a deterioration of the dispute or the situation.
The foregoing provision of this Chapter shall not apply to a dispute unless all the parties to the dispute agree to their application to that dispute. However, this shall not preclude the other High Contracting Parties not party to the dispute from offering all possible assistance to settle the said dispute. Parties to the dispute should be well disposed towards such offers of assistance.
Nothing in this Treaty shall preclude recourse to the modes of peaceful settlement contained in Article 33(l) of the Charter of the United Nations. The High Contracting Parties which are parties to a dispute should be encouraged to take initiatives to solve it by friendly negotiations before resorting to the other procedures provided for in the Charter of the United Nations.”
Article 19 states that "the Governments of the signatory States which are designated Depositories of this Treaty and of the instruments of ratification or accession." However, the Secretary-General of ASEAN has since taken over depository functions. See 'Additional Information' below.
|Entry Into Force Status||In Force|
|Date of Entry into Force||
|Entry into Force / Termination Provisions||
“This Treaty shall enter into force on the date of the deposit of the fifth instrument of ratification with the Governments of the signatory States which are designated Depositories of this Treaty and the instruments of ratification or accession.”
|ASEAN States||(Source: as of 04/08/2021)|
Arab Republic of Egpyt Accession - 6 September 2016
Argentine Republic Accession - 2 August 2018
Australia Accession - 10 December 2005
Bahrain Accession - 2 November 2019
Bangladesh Accession - 1 August 2007
Brazil Accession - 17 November 2012
Canada Accession - 23 July 2010
Democratic People’s Republic of Korea Accession - 24 July 2008
Democratic Socialist Republic of Sri Lanka Accession - 1 August 2007
European Union Accession - 12 July 2012
Federal Republic of Germany Accession - 17 August 2020
French Republic Accession - 13 January 2007
India Accession - 8 October 2003
Islamic Republic of Iran Accession - 2 August 2018
Japan Accession - 2 July 2004
Kingdom of Morocco Accession - 6 September 2016
Mongolia Accession - 28 July 2005
New Zealand Accession - 28 July 2005
Norway Accession - 1 July 2013
Pakistan Accession - 2 July 2004
Papua New Guinea Ratification - 10 August 1989
People's Republic of China Accession - 8 October 2003
Republic of Chile Accession - 6 September 2016
Republic of Colombia Accession - 10 November 2020
Republic of Korea Accession - 27 November 2004
Republic of Peru Accession - 31 July 2019
Republic of South Africa Accession - 10 November 2020
Republic of Turkey Accession - 23 July 2010
Russian Federation Accession - 29 November 2004
Timor Leste Accession - 13 January 2007
United Kingdom of Great Britain and Northern Ireland Accession - 3 July 2012
United States of America Accession - 22 July 2009
|Protocols / Amendments to this instrument|
Article 18, Paragraph 3, of the 1976 Treaty of Amity and Cooperation in Southeast Asia, as amended by Article 1 of the 1998 Second Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia and the 2010 Third Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia, provides that States and regional organisations outside Southeast Asia may accede to the Treaty with the consent of all the ASEAN States.
Depository functions for this instrument are now performed by the Secretary-General of ASEAN. Dates of ratification and accession given above were obtained from the ASEAN Secretariat’s Legal Instruments website and its electronic collection of instruments of ratification, accession and notification. For ASEAN States, the dates given appear to be the dates of execution of the instruments of ratification/accession, rather than their date of receipt by the depository. For non-ASEAN accessions, the dates given are the date of signing of the instruments of accession/extension.
The procedure for accession to the TAC by non-ASEAN member states appears to require first, a letter or declaration of intent transmitted from the acceding party to ASEAN member states, followed by the exchange of an Instrument of Accession signed by the acceding state and an Instrument of Extension signed by ASEAN member states.
Note that Cuba acceded to the TAC in a signing ceremony on 10 November 2020. However, the ASEAN Secretariat Legal Instruments site has yet to record its official accession as of 4 August 2021.