The Protocol to the ASEAN Charter on Dispute Settlement Mechanisms (“Protocol”) was concluded by the Foreign Ministers of ASEAN in Ha Noi, Vietnam on 8 April, 2010. This is a significant step forward towards a rules based community. Article 20 of the ASEAN Charter had set out general guidelines for the dispute settlement among ASEAN members. The Protocol expands on this by providing clearer rules and processes for dispute settlement. The Protocol will apply not only to the interpretation and application of the ASEAN Charter, but also to other ASEAN instruments. In particular, the Protocol establishes a dispute settlement mechanism which allows the ASEAN Summit to approve a decision if consensus among the ASEAN members cannot be reached. However, the Protocol leaves the issue of enforcement for further negotiations. To access the full text of the Protocol, please click here.
