ASEAN COURT OF JUSTICE: ISSUES, OPPORTUNITIES AND CHALLENGES CONCERNING REGIONAL SETTLEMENT DISPUTES

Arbitration as a final mechanism of ASEAN dispute settlement is considered unfulfilling ASEAN state member needs to solve particular dispute especially region borders. This research uses normative-law research and secondary type data that comes from literature study sources such as literature, articles, and internet websites. Peaceful dispute settlements in ASEAN consist of dialogue, consultation, negotiation, good offices, mediation, conciliation, and arbitration. It can be seen that arbitration is a part dispute settlement in ASEAN. Several dispute settlement cases in the ASEAN member state end up in the International Court of Justice, and there is no ASEAN dispute settlement agency, especially disputes regarding to border area. In this discussion, ASEAN has a chance to form an ASEAN Court of Justice to solve ASEAN member states disputes, as stated in the United Nations (UN) Charter. However, in order to form, ASEAN would face several challenges that mostly are caused from the member states diversity.