Asia and International Law

The International Court of Justice (ICJ) has begun new hearings on the Preah Vihear temple in mid-April. In July 2011, the Court ordered both sides to withdraw their military personnel as part of provisional measures it said were urgently necessary because the potential risk of damage and renewed clashes were sufficiently serious. The new hearings stem from Cambodia’s request for the ICJ to interpret the judgment it rendered in 1962, which found that the temple was “situated in territory under the sovereignty of Cambodia” and that Thailand was under an obligation to “withdraw any military or police forces ... stationed by her at the temple, or in its vicinity on Cambodian territory.” In its request filed in April 2011, Cambodia argued that while Thailand recognizes Cambodia’s sovereignty over the Temple itself, it does not appear to recognize the sovereignty of Cambodia over the vicinity of the temple.

Myanmar President Thein Sein has announced another amnesty for about 100 prisoners. This came a day after the European Union lifted all sanctions on Myanmar, excluding an arms embargo. The European Union’s decision to lift sanctions was criticized by rights groups as ignoring Myanmar’s human rights abuses, including the persecution of Rohingya Muslims in Rakhine State. . US State Department deputy spokesman, Patrick Ventrell, declined to comment on the European Union move but repeated statements of concern about the treatment of Myanmar’s ethnic minorities, noting, “We have taken some measures to authorize the export of U.S. financial services to offer new U.S. investment, but we have a calibrated policy that includes sanctions authority and leaves them in place as a means to encourage continued progress on reforms.”

Members of the Asia Pacific Economic Cooperation (APEC) forum are supporting the revival of the long-stalled Doha Round talks, promising to make the World Trade Organization (WTO) ministerial meeting in Bali in December a success. Late last year, under an Indian-led initiative, 46 developing countries under the G33, including China and Indonesia, proposed changing the rules of the world trade governing body to raise limits on subsidized food stockpiling to support poor farmers. This proposal was seen an effort to revive an idea from the Doha Round of talks. The 157 members of the WTO committed to restricting trade-distorting subsidies, dubbed as “agreed measures of support” (AMS), upon their entry into the body. The proposal would change the WTO’s Agreement on Agriculture, allowing more exemptions on limits to subsidies. Under the proposed changes, developing economies would be allowed to pay farmers at subsidized prices to stockpile crops without having to account for the price subsidy as part of the AMS.

Australia and China will co-chair a meeting in Geneva at the end of the month to streamline customs measures, among other things, to smooth preparations ahead of Bali. “This meeting in Geneva is timely because it comes after a successful APEC meeting and we will be able to say that the APEC community supports the work that is necessary to bring this package of measures to a successful conclusion in Bali at the end of this year,” Australian Minister for Trade and Competitiveness Craig Emerson said.

It is expected that the South China Sea issue and achieving the 2015 ASEAN Economic Community target will be the priority issues discussed during 22^nd ASEAN Summit on 24 and 25 April. The South China Sea territorial issue has threatened ASEAN's unity and credibility. Cambodia, a China ally, refused to have the issue mentioned in a post-ministerial statement when it hosted the meetings in 2012. That drew protests from Vietnam and the Philippines, and ASEAN ended up not issuing an after-conference communique for the first time in the bloc's 45-year history.

On the ASEAN Community 2015 target, observers say the grouping is moving in the right direction. Co-director of the Asia Competitiveness Institute, Associate Professor Tan Khee Giap, said: "ASEAN should have done more and we know that ASEAN members don't trade with one another a lot except Indonesia and Singapore and Singapore and Malaysia. The regional environment has changed. ASEAN should rightfully treat all the major economic powers equal handedly, welcome investments, regulate our markets, make it more competitive, by hosting the major investors whether it is the American, the Chinese, the Japanese; it can't be a bad thing, it is only good for us...more than 10-15 years (after the 1997 financial crisis), ASEAN is ready and poised for higher growth. We must put our act together." Singapore's Foreign Affairs Ministry says that during the Brunei summit, the leaders will also take stock of the implementation of the ASEAN Charter and discuss ASEAN's role in the regional architecture. 

International law is social order founded on agreements between the countries of the world. The idea that international law is for the benefit of powerless nations undeniably played a role in its emergence. However, in today's world, it is increasingly the case that powerful nations can no longer ignore the strictures of international law. Recognition of the ICJ's fairness grew because issues are debated and investigated from various angles together by 15 judges who represent the world's major civilizations and legal systems. With that in mind, its judgments can be described as condensations of international public opinion. Therefore, countries have accepted even those that are unfavourable to them. The ICJ has come to be tasked with not only classic political disputes between nations such as territorial issues, but also problems involving human rights and the environment. We now live in an era when human rights issues that were previously left to be dealt with by domestic legal controls are now matters of concern for the global community, subjected to the judgment of an international court as violations of international law and treaties pertaining to human rights protections.

The Asia-Pacific region, which has overtaken the rest of the world in consumption of raw materials as affluence and manufacturing increase, must boost its resource efficiency or risk losing ground in lifestyle, economic growth and environmental sustainability, according to a UN report released by the United Nations Environment Programme (UNEP), entitled, ‘Recent Trends in Material Flows and Resource Productivity in Asia and the Pacific.’ The report highlights the region’s inefficient use of resources as measured by material intensity - consumption of materials per dollar of Gross Domestic Product (GDP) - as an area of serious concern. Currently, material intensity for Asia-Pacific is three that of times the rest of the world. “The findings of the report conclude that countries in Asia and the Pacific face even greater challenges to make the transition of current economic growth patterns towards green growth, and to transform the economies into truly green economy, despite the strong efforts in development of policies and strategies by member countries,” said Mr. Park Young-Woo, Director of the UNEP Regional Office for Asia and the Pacific.

The UN high-level panel (HLP) working on a global development agenda for after 2015 has reached a turning point through making concrete agreements. The panel has emphasized the need for a single and coherent agenda that integrates economic growth, social inclusion and environmental sustainability. The regulation of tax havens and illicit financial flows would be important in achieving these ambitions, it added, news welcomed by NGOs. The third and final set of HLP talks focused on global partnerships between rich and poor countries, which is covered in millennium development goal number eight, one of the least fleshed-out MDGs.

A study released by the ASEAN Secretariat has found that 76 percent of the 2,200 respondents “lack a basic understanding” of what ASEAN is and what it is striving to do. The 11-page study presents the results of a survey that covered 2,200 respondents from the general public as well as in-depth interviews with 261 business leaders in 11 sectors across the capital cities of the 10 ASEAN members. Businesses have a relatively better understanding of ASEAN as some of them are taking part in activities related to the promotion of ASEAN integration, according to the report. Even then, the data shows that 55 percent of business respondents only have “a basic understanding” of what ASEAN is and 30 percent lack any basic knowledge of the grouping. “The overall level of understanding for both businesses and general public is still low because of a general lack of interest alongside an ineffective use of communication channels,” the report said.
“However, it is good to note that the overall perception and attitude towards the ASEAN Community is positive,” it added. The survey shows that businesses and the general public both perceive ASEAN integration as having positive impacts on the region.

The effort over many years to forge an international treaty regulating the booming $70 billion annual trade in conventional weapons is close to completion with a final draft sent to the governments of all United Nations member states for approval. Supporters, including a majority of member states, had hoped that the Arms Trade Treaty would be approved by consensus at a final negotiation session. However, as Iran, Syria and North Korea obstructed the required consensus to adopt the treaty, the 193-nation UN General Assembly is tentatively planning to vote in early April for its adoption. 

The treaty would for the first time set international standards for conventional weapons sales, tying them to respect for human rights, the prevention of war crimes and the protection of civilians. Rights advocates have called the treaty the most ambitious attempt to stop the illicit spread of weapons that fuel deadly conflicts around the world. It covers trade in tanks, armored combat vehicles, large-caliber weapons, combat aircraft, attack helicopters, warships, missiles and launchers, small arms and light weapons. Ammunition exports are subject to the same criteria as the other war matériel. Imports are not covered. The treaty would push states to establish standards in barring the sale of conventional weapons if they would spur violations of international human rights law, aid terrorism or help organized crime. Weapons sales likely to increase violence against women and children would also be banned.

The United States has requested that the WTO Dispute Settlement Body (DSB) establish a panel to examine its concern regarding Indonesia's broad use of import licensing measures that restrict imports of horticultural products, animals and animal products which, in its view, appeared to be inconsistent with Indonesia's WTO obligations. Indonesia said that at the consultations held in February 2013, it had demonstrated its commitment to resolving this matter bilaterally with the US and was in the process of reviewing regulations regarding the importation of horticultural products, animal and animal products. Thus, Indonesia was not in a position to agree to the establishment of a panel.