However, it should be noted that ASEAN may not enter into certain international agreements on behalf of the member states of ASEAN. ASEAN does not act as a federal or central government among its members.
Another characteristic of ASEAN’s legal capacity is that it may enter into a private contract with domestic law’s private entities. In this context, ASEAN is treated as a private entity and as acting in its private capacity (jure gestionis).
Thus, it may acquire and dispose of assets and institute proceeding within the domestic jurisdiction under its own name. As a private law entity, it has to relinquish or waive its immunity.