The Character of Sovereignty in the Framework of International Economic Law and Its Progress in Asean Community

Abstract

The last decade of the 20th century and the first decade of the 21st century was the most challenging periods of the various theories and assumptions of the concept of sovereignty, which has become fragile because of the forces of globalization. The biggest problem of these forces clearly is at the level of state sovereignty. South East Asia, which starting to put into practice its Economic Community through ASEAN, regionally has a lack of experience in facing those theoretical changes. This research examines the relevance of sovereignty concept in international law and its changes, and how the countries in South East Asia through their Economic Community respond about this. By reviewing various journals from international law experts, reports from some of the South-East Asia’s leading economic institutions, as well as examining reports and statements of South East Asia’s state institutions, this research concludes that the opposition to the sovereignty as a normative idea does not need to be encouraged to produce something that degrade the concept and produce a new concept of sovereignty which is considered to be satisfactory to all countries. South East Asia Economic Community may be considered weakens the concept of sovereignty that has been applied for so long in this region, but it would not necessarily add to the opposition to the traditional concept of absolute sovereignty, because apparently, it will provide some possibility for some countries to project their sovereignty and interests globally.

Keywords: ASEAN, Economic community, Globalization, International law, South East Asia, Sovereignty