Understanding asean legal framework of external relations in the context of Ukraine – asean partnership

Abstract

During 2021–2022, Ukraine and the Association of Southeast Asian Nations laid a solid legal basis for cooperation. The two most significant results of bilateral relations were the acquisition by the Parliament of Ukraine of observer status in the ASEAN Inter-Parliamentary Assembly in August 2021 and the accession of Ukraine to the Treaty of Amity and Cooperation in Southeast Asia in November 2022. Taking into account the new challenges for Ukraine related to russia's aggression against Ukraine and the need to attract political and military support from ASEAN and the development of trade relations with ASEAN member states, it was decided to investigate the issues that will determine the further institutionalization of relations between Ukraine and ASEAN. Using the applied legal research methodology, comparison, and modeling, the author investigated in this article 5 specific problems that are interdependent among themselves, namely: 1) the legal basis, types, and differences of ASEAN external partnerships; 2) the concept of centrality in external relations; the authority of ASEAN to conclude international instruments; 3) the legal position of ASEAN, as a subject of international law, and the sovereign positions of the states of Southeast Asia concerning russia`s aggression; 4) the current state of cooperation between Ukraine and ASEAN; 5) proposals for the strategy of effective Ukraine – ASEAN cooperation for 2023. First, to outline the specific legal foundations of ASEAN's external relations, binding agreements are analyzed: the ASEAN Charter, the 2011 Rules of Procedure, and soft law: the ASEAN Vision 2040 and the Report of the Group of Eminent Persons. Secondly, the author provides specific examples of regulatory legal acts adopted by ASEAN as a single body, as a collective body, and each ASEAN state separately. The concept of the centrality of ASEAN is analyzed through the prism of the practical implementation of external relations. Thirdly, the voting of the 10 ASEAN states in the UN General Assembly regarding russia's aggression in 2022 and the Statement of the Foreign Ministers of the ASEAN was investigated. Hypotheses have been made regarding the reasons for the neutrality of the ASEAN states in voting at the UN General Assembly and the soft position in ASEAN's Foreign Ministers statements. Next, the author presents the results of cooperation between ASEAN and Ukraine and explains the significance of Ukraine joining the Treaty of Amity and Cooperation in Southeast Asia. Finally, having modeled the scope and sectors of cooperation between Ukraine and ASEAN, the author makes suggestions for the roadmap of the Ukraine – ASEAN working group with the aim of Ukraine acquiring the status of a sectoral dialogue partner.