วันพุธที่ 31 สิงหาคม พ.ศ. 2554

CHAPTER VIII SETTLEMENT OF DISPUTES

ARTICLE 22
GENERAL PRINCIPLES

1. Member States shall endeavour to resolve peacefully all
disputes in a timely manner through dialogue, consultation and
negotiation.
2. ASEAN shall maintain and establish dispute settlement
mechanisms in all fields of ASEAN cooperation.

ARTICLE 23
GOOD OFFICES, CONCILIATION AND MEDIATION

1. Member States which are parties to a dispute may at any time
agree to resort to good offices, conciliation or mediation in order to
resolve the dispute within an agreed time limit.
2. Parties to the dispute may request the Chairman of ASEAN or
the Secretary-General of ASEAN, acting in an ex-officio capacity, to
provide good offices, conciliation or mediation.

ARTICLE 24
DISPUTE SETTLEMENT MECHANISMS IN SPECIFIC
INSTRUMENTS

1. Disputes relating to specific ASEAN instruments shall be
settled through the mechanisms and procedures provided for in such
instruments.
2. Disputes which do not concern the interpretation or application
of any ASEAN instrument shall be resolved peacefully in accordance
with the Treaty of Amity and Cooperation in Southeast Asia and its
rules of procedure.
3. Where not otherwise specifically provided, disputes which
concern the interpretation or application of ASEAN economic
agreements shall be settled in accordance with the ASEAN Protocol on
Enhanced Dispute Settlement Mechanism.

ARTICLE 25
ESTABLISHMENT OF DISPUTE SETTLEMENT MECHANISMS

Where not otherwise specifically provided, appropriate dispute
settlement mechanisms, including arbitration, shall be established for
disputes which concern the interpretation or application of this Charter
and other ASEAN instruments.

ARTICLE 26
UNRESOLVED DISPUTES

When a dispute remains unresolved, after the application of the
preceding provisions of this Chapter, this dispute shall be referred to
the ASEAN Summit, for its decision.

ARTICLE 27
COMPLIANCE

1. The Secretary-General of ASEAN, assisted by the ASEAN
Secretariat or any other designated ASEAN body, shall monitor the
compliance with the findings, recommendations or decisions resulting
from an ASEAN dispute settlement mechanism, and submit a report to
the ASEAN Summit.
2. Any Member State affected by non-compliance with the
findings, recommendations or decisions resulting from an ASEAN
dispute settlement mechanism, may refer the matter to the ASEAN
Summit for a decision.

ARTICLE 28
UNITED NATIONS CHARTER PROVISIONS AND
OTHER RELEVANT INTERNATIONAL PROCEDURES

Unless otherwise provided for in this Charter, Member States have the
right of recourse to the modes of peaceful settlement contained in
Article 33(1) of the Charter of the United Nations or any other
international legal instruments to which the disputing Member States
are parties.

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