Since the ASEAN members have been reluctant to encourage the formation of a binding uniform legal system,
stemming from a fear of impinging on ASEAN’s long-held principles of non-interference and consensus,
it seems that ASEAN members are hard pressed to develop a uniform legal system similar to the EU’s in the community.
Judging from the EU’s developmental history, imposing a definite legal structure, instituting more formalized rules and roles and giving ASEAN an international legal personality will help transform ASEAN from an informal club into a true international organization.
However, those decisions and agreements concluded within ASEAN present behavioural norms rather than formal rules and regulations, and this situation has occupied the central position.
Some scholars have argued that the legal systems of the ASEAN members differ greatly, ranging from common law as in the case of Singapore to civil law systems such as that in Indonesia, and hybrids of both, such as in Thailand, which makes it difficult to build a community law.
However, since the EU consists of branches which have had different legal traditions for centuries, this may not be the best reason to question the difficulty of formation of an ASEAN community law.
Some scholars also have argued that ASEAN is likely relying on the modes of “consultation” and “consensus” principles to reach agreements on the delicate issues of harmonizing the domestic laws of ASEAN members into a regional legal system that respects cultural sensitivities and national sovereignty.
The author believes the latter may be a better explanation for the current state of ASEAN.