Regional Integration In Shaping Customary International Law: A Comparative Study Of ASEAN And European Union
- IJLLR Journal
- Jan 28
- 2 min read
G Uma Maheswari, Assistant Professor, School of Law, VISTAS
ABSTRACT
In the international arena, state actors play vital role in keeping the world in order. The state actors when they propose things through regional organisation, it will be more powerful and the role played by the regional organisation in maintaining world peace and order is in fact more significant. Being the primary source of international law, the customary international law is primarily developed by the regional organisation. The uniform and constant behaviour of the state actors across the globe will be understood as customary international law. Even the customary international law, now-a- days is becoming jus cogens through constant state practices. The regional organisations become more influential in shaping in customary international law in this multipolar and pluralistic world. The regional organisations play very prominent role in developing the customary international law through treaties, institutional behaviour, judicia, decisions. Opinio Juris is one of the driving features where the states are under legal obligation to oblige, somehow customary international law is being consciously maintained and followed by states in spite of the regionalisation and multicultural international legal order, the part of the regional organisations become more noticeable. Regional Organisations such as European Union (EU), African Union (AU), Association of Southeast Asian Nations (ASEAN) and Organisation of American States (OAS) are more distinguished creating regional consensus in many of the key issues such as human rights, environment, migration etc., This paper analyses the emerging role of regional organisations in the construction and development of Customary International Law with a focus on comparative analysis of the role played by European Union (EU) and Association of South east Asian Nations (ASEAN).
Keywords: Regional Integration, Customary International law, European Union, Association of South east Asian Nations, Regional organisation and customary international law, Development of customary norms.
