Mahaseth & Subramaniam: Binding or Non-Binding: Analysing the Nature of the Asean Agreements

Harsh Mahaseth (Jindal Global Law School) & Karthik Subramaniam (NALSAR Univ. of Law) have published Binding or Non-Binding: Analysing the Nature of the Asean Agreements (International and Comparative Law Review, Vol. 21, no. 1, June 2021). Here's the abstract:

ASEAN has gradually attempted to assert itself as a diplomatic force to reckon with. However, over the recent past, it’s ability to deal with regional issues and situations has come under scrutiny. This paper argues that the reason behind such lack of clear decision making arises from the large presence of Soft Law nomenclature in ASEAN agreements, resulting in the lack of any Hard Law obligations on these nations. The paper attempts to highlight the lack of clarity in the nomenclature used in ASEAN agreements, the problems that arise from the same, and the possible reasoning behind the usage of such nomenclature. In conclusion, the paper provides a few solutions and recommendations that could be adopted by the ASEAN community of nations to estab-lish themselves as an economic community.