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and Neutrality Declaration. Moreover, under Article 2 of the
43
Treaty of Amity and Cooperation in Southeast Asia, ASEAN
members shall accept the principle of respecting sovereignty
and non-interference. Significantly, Article 2(2) of the ASEAN
44
Charter further provides that ASEAN members shall respect
the sovereignty and non-interference principles.
45

In relation to the consensus and flexibility principles,
ASEAN Charter has importantly diluted the consensus
requirement into its decision-making process, which consequently

depicts the ASEAN’s unique character. Article 20 of ASEAN Charter
46
explicitly set out that “as a basis principle, decision-making in

ASEAN shall be based on consultation and consensuses”.
47
Moreover, Article 21(2) of the ASEAN Charter specifically sets

43 The languages of the declaration was explicitly spelt out that it was inspired by
“the principles of respect for the sovereignty and territorial integrity of all states,
abstention from the threat or use of force, peaceful settlement of international
disputes, equal rights and self-determination and non-interference in affairs of
States”. ZONE OF PEACE, FREEDOM AND NEUTRALITY DECLARATION (1971).

44 Treaty of Amity and Cooperation in Southeast Asia (1976).
45 Charter of the Association of Southeast Asian Nations (2008).
46 LIN Chun Hung, ASEAN Charter: Deeper Regional Integration under International
Law?, CHINESE JOURNAL OF INTERNATIONAL LAW, 828 (2010).
47 § Article 20(1) (2008).

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