東協憲章對於東南亞許多國家而言，代表著東協整合過程中的重要里程碑。自創立的四十一年來，東協終於產生了一部能使其實質成為「植基於規範和人民導向的」法律主體。 該憲章著實制定規範並賦予東協成員國和該組織法律人格，更重要的是，其標誌了「對於基本自由的尊重、人權的保護以及社會正義的提升」等原則。該憲章更呼籲一人權機構的肇建，俾使每一成員國恪遵憲章的規範。 然而，不幸的是，該憲章未能概括針對未遵守憲章原則規範會員國的制裁條款，且對於將賦予人權機構多少權力以制定規範亦懸而未決。而東協會員國遵行已久的「不干涉會員國內政」原則，更使此情況變得更加模糊難明。因此，本文將針對東協憲章及其所建立的區域治理模式進行分析，並探究東南亞國協區域治理下所面臨的矛盾與難題。 整體而言，新憲章中的各種建議、改革嘗試與區域整合方向儘管極具前瞻性；然而，若始終不願意清晰地面對東協區域內的各種實際問題，區域新憲的法律效力與規範能力，將備受質疑；甚至，亦將無助於區域共同體的實質建構。 關鍵詞：區域治理、東南亞國協、東協憲章 / It is true that for many in South East Asia, the ASEAN Charter is a milestone. For the first time in its 41-year existence, ASEAN has a constitution which can potentially lead it to be "a rule-based and people-oriented" legal entity. It even indeed sets out rules for the ASEAN members and gives the organization legal personality. More importantly, it enshrines the principles of "respect for fundamental freedoms, the promotion and protection of human rights and the promotion of social justice". It also calls for the establishment of a human rights body to ensure that every member state adheres to the Charter's principles. But, unfortunately the Charter fails to include a provision which would authorize sanctions for any member that does not comply with its rules and principles. And it remains unclear how much power will be granted to the human rights body in enforcing the principles. To make matters even more ambiguous, the Charter validates a long-held ASEAN principle that is the root cause of the organization's ineptitude in dealing firmly with its members — "non-interference in the internal affairs of ASEAN member states". As a result, the purpose of study is thus to analyze the ASEAN charter and its mode of regional governance, investigating the problems and contradictions of regional governance under the charter. All in all, though the suggestions, reforms and the orientation of regional integration of the new charter are extremely visionary, if the members are unwilling to face up the substantial problems in ASEAN region, the binding force of the regional new charter will be doubtful and even cannot be conducive to the forming of regional community. Keywords: Regional Governance, ASEAN, ASEAN Charter

The main question in this research project is whether regional integration promotes the rule of law in ASEAN. The thesis has adopted a functional, rather than conceptual, approach to understanding the rule of law and its development in regional integration. While the approach reflects an instrumentalist function of the rule of law, the study provides a holistic and interdisciplinary approach taking account of the legal, insitutional, and political processes in the state, the region, and international relations to show the motivations and interests of member states in adopting a peculiar type of regional arrangement. The research project has taken the European Union for comparison, not as a model in the strict sense, to identify the development of legal and institutional processes that build the foundation of the rule of law and the factors that drive the evolution of state-like constitutionalism. Common legal tradition of the rule of law, leadership role of key member states, and regional institution building ??? are the main processes in the development of the rule of law in the EU and are either lacking, different, or weak in the context of ASEAN. However, an evolving form of the rule of law exists in ASEAN. The rule of law in ASEAN integration is designed to provide a stable and coherent framework for interstate relations among member states and to achieve effective implementation of the member states??? economic commitments. ASEAN has adopted an instrumentalist conception of the rule of law and one based on ???thin??? constitutionalism, as reflected in the ASEAN Charter. The features of the rule of law in ASEAN are ??? state-controlled, limited, evolutionary and resting on soft legal regime. ASEAN has chosen a different path at regional integration and globalization has offered new techniques of the rule of law. Regionalism in ASEAN remains statist in character and the ASEAN Way is still entrenched. There are significant developments towards adopting a broader basis of regional cooperation and opportunities for developing the rule of law in ASEAN. To broaden the function of the rule of law in regional integration, as a mechanism of accountability and as a form or restraint, ASEAN needs to adopt initiatives aimed at expanding political participation and respect for human rights. The European Union offer points of learning for ASEAN in achieving a broader function for the rule of law in ASEAN integration.