Legal Problems of Future Sanitary and Phytosanitary Co-operation between ASEAN and the ‘Three-Sisters’

Abstract:

Changes generated by the Association of Southeast Asian Nations (ASEAN)’s decisions made in the sanitary and phytosanitary (SPS) area cannot all be considered as ‘developments’. Some of them, provoked by protectionist measures, may be regarded as ‘regressions’ because they produce negative effects (anti-development), which could thwart the effective protection of public health under regional frameworks, and a fortiori the integration process towards ASEAN 2025.

This article highlights the potential of the Codex Alimentarius Commission, the World Animal Health Organization and the Secretariat of the International Plant Protection Convention, collectively called the ‘three-sisters’, to play their role as promoters of change in Southeast Asia. The analysis underlines the possibility of deepening future co-operation between ASEAN, on its own behalf, and the ‘three-sisters’ through conclusion of legal instruments.

It aims to answer mainly two questions. First, what is the type of interactions between ASEAN and the ‘three-sisters’? Second, what are ASEAN’s relevant rules related to the conclusion of international agreements with such entities – what strengths and gaps?

From the ‘New Haven’ perspective, the article suggests new perceptions vis-à-vis some conditioning factors for the success of more extensive SPS co-operation (e. g. ill-defined ASEAN’s legal personality and strong influence from political organs in the negotiation and decision-making process).