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How International Law Sight Towards the Coup D’etat Process in Myanmar

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The Union of Myanmar is a sovereign state, where the Capital City is located in Yangon before moved to the Naypyidaw on November 7th, 2005 by the action of Junta’s Military Governance. As known, in the historical background, Myanmar is a country that has been through the grip of a military dictatorship for over six-decade.

Previously, in the brief story of Myanmar, in the 19th century, (in the Konbaung Dynasty),Burma took control of an area that includes a modern territory of Myanmar, also briefly controlled Manipur and Assam. In that era, Britain dominated Myanmar after three of the Anglo-Burma War and thus this country was colonialized by the British. Myanmar got independence in 1948 to be a democratic state but was being coup d’etat by the military in 1962, which General Ne Win wrested the governmental mandate from Prime Minister U Nu, who was in power since 1948. At that phase, this country got passeda tough regime, which gave an unsavory impact, particularly in economic aspect and various inhuman acts, such as against ethnic, where United Nations and many International Organization always reported a significant case about human rights there. In 2011, Junta’s Military was dissolved after the elections in 2010, but this country is still can not refuse all the criticism in the previous measures of the old government to the towards minority ethnic.

In the general elections 2015, Aung San Suu Kyi Party is the winner of the majority parliament, where this is can be the historical point to Myanmar to get a democratization opportunity. Based on the general election result in November 2020, Aung San Suu Kyi’s National League for Democracy Party (NLD) won 396 of the 476 parliamentary seats, while the military-backed opposition, Union Solidarity and Development Party (USDP), only got 33 seats. However, Myanmar’s Military is still the major force in politic, since The 2008 Constitution (which the controversial rules) is granted the military rights to control the government and that is constitution also reward the Tatmadaw Military to get 25% parliamentary seats in the important aspect in the national security sector, which includes the ministries of interior, border, and security affairs. Specifically, even the NLD dominated parliamentary seats, the military stronghold still controls the government. Hence, the military insists refused the result of the election, and the Press Secretary of the USDP, Doctor Nandar Hla Myint believes there is a fraud of the mass elections, and if this case is not handled in advance, this could make damage or political chaos. The General of Military, Min Aung Hlaing also stipulated, the evaluation of elections is indeed a non-fair and dishonest practice. Thus, before the trial was open by the parliament, the coup d’etat happened by the military. The NLD party led by Aung San Suu Kyi began to gain a political arena until finally today Myanmar falls into the hands of the generals again.

This is the second time the military success to dethrone through democratic governance, previously the coup d’etat itself happened many time, such in 1988 when General Ne Win pension from the military and replaced by Sein Lwin who is well known as a person that brutally to the Pro-Democratic, thus he has been beaten back by the mass action, and Doctor Maung Maung replaced him at that time. But not long after that, there is a coup d’etat internal by the military which takes over by General Jaw Maung who has also established a new party, named State Law and Order Restoration Committee (SLORC).

Various international sanctions have been imposed on Myanmar. In 1996, the European Union decided to ban arms sales to Myanmar. The United States has also imposed sanctions since 1988, prohibiting new investment by its citizens in Myanmar in 1997, then closing the gap for imports of products from Myanmar in 2003.

Regarding the actions by Myanmar’s Military, several International Community has constituted Myanmar as a breach of international values and some country has banned a few aspects to Myanmar as mention above, however, how the International Law views it?

International Law Perspective

Based on the UN Charter views, under Article 1 (1) affirmed, should take effective measures to prevent and thrown a threat of peace where have a correlate with Resolutions of the UN Security Council which called upon States not to recognize a certain authority or even decided that the Member States should refrain from recognizing a certain authority would hardly have been necessary if recognition had no legal meaning. It concludes, the prohibition to recognize new governance from the coup d’etat result, because in case of the legal commitment to the democratic government of a State, the other States only may continue to recognize the exiled democratically elected government a revival as a measure for the protection and consolidation of democratic government. Other than that, as examine in Article 1 of the Montevideo Convention on the Rights and Duties of States is has to fulfill 4 qualifications, a permanent population; a defined territory; government; the capacity to enter into relations with the other states. In this convention sight, especially in Government point, it complies with the sovereign government that holds the highest power and is formed to carry out the running of the government of a country. As known, Myanmar is currently being a democratic state as the result in the general elections 2020 where Aung San Suu Kyi has won the vote, thus the state should honor and deem in this democratic regime. However, the military is trying to take over the governance back, this form of breaches the democratic rules, wherein this system did not recognize dualism of leadership, as did by Myanmar’s military. Even Myanmar did not sign and ratified this convention, it still ought to be legally binding, since this is recognized by civilized nations as one of the basic international agreements in international law.

Accordance to the coup of Myanmar’s military is not in line with ASEAN’s Charter which contains many democracy references, wherein in the preamble conduct, “Adhering to the principles of democracy, the rule of law and good governance.” Especially Article 1 lists “strengthening democracy, enhancing good governance and the rule of law as among ASEAN’s main purposes.” And also in Article 2 on the organization’s “principles” includes “adherence to the rule of law, good governance, the principles of democracy and constitutional government.” Therefore, Myanmar as a member of this charter since 1997, ought to uphold the purpose of this agreement.

Subsequently, the Coup D’etat action by Myanmar’s military is a tantamount form of treason towards a democratic system, which the legitimate government is defeated by the military without a concrete reason, lack of evidence, and unclear accusations, that is just a prejudice of fraud in the elections by Myanmar’s military to the Aung San Suu Kyi party, and most United Nations officials and diplomats voiced alarm at the February 1, 2021 coup and the brutal response to some of the massive protests unsteady Myanmar because fails to comply with the basic rule of law principles.

Myanmar’s Military action is also indeed not in compliance with customary international law that honor by many countries, where refuse to recognize any government set up under these circumstances or any Government elected as a result of these illegal actions. For instance, in some state practices, firstly, there is a Canada action that declares all the Organizations of the American State (OAS) won’t recognize any governance that is made by the coup d’etat, which is Norway to the Haiti Government. Secondly, British action that did not recognize the governance in Cambodia since the genocidal Pol Pot Government of Cambodia and the Rawlings Government in Ghana by the public and the media, which considered formal recognition as tantamount to moral approval. Thirdly, the Belgian Government refused to recognize Mao Tse-tung instead of Tshiang Kai-shek as the Government of the Chinese State, and so on. Since based on both principle and State practice of recognition of the government in International Law.

Protest also provoke by the International Community, Britain, and the European Union that refuse those action by did not recognize the new governance, because the way the military did is indeed unprocedural, as affirmed in Tobar and Wilson doctrines of formally denying recognition to governments coming to power by unconstitutional means and combining them with the element of continued recognition of the democratically elected governments forced into exile by coup d’état or revolution. Strengthen in Stimson Doctrine, examine about the condemn all recognition of new situations by third States is an important mechanism in international relations, and this doctrine was the start of a process of customary international law formation for a rule prohibiting recognition of situations resulting from unlawful acts that in line with the international legal order, as a coup of Myanmar’s Military did to the Aung San Suu Kyi governance.

ASEAN (Association of Southeast Asian Nations) role as an international organization has presented in the ASEAN election of Myanmar’s general election in 2020 as a form of election observation that is chasing to get an additional handling a political crisis without a coercive way by ASEAN, which should be more legitimacy to the election process, and this might dilute the Tatmadaw prejudice to justify the coup. Moreover, ASEAN responded to this current issues that represent by Brunei as an ASEAN’s rotating chairmanship stipulated, “dialogue, reconciliation and the return to normalcy” in Myanmar, that statement is indeed a democratic principle in the ASEAN Charter since it implied with a non-coercive form of intervention to the internal affairs that honor by each party. Consider sanctions of a breach of this charter is nonexistent, thus it’s only come with the increased statements of concern regarding Myanmar’s internal affairs from each member in the recent years to condemn the coercive instrument. Even if, there is no significant settlement to Myanmar’s coup, this organization still tried to stands to learn important lessons from its actions for developing regional crisis management and prevention mechanisms to fulfill ASEAN’s aspirations of strengthening democracy.

For the foregoing reason, Myanmar’s Military action is indeed opposed by many sources in International Law, contemplate the democracy is the government of the people and for the people (Hans Kelsen), hence in the democratic system is really honor the freedom of speech and the recognition of fair government, and due to Myanmar’s Military measures to NDL Party that led by Aung San Suu Kyi it ought void because no relevant all on times.

My name is Faiha Oktrina one of the students from faculty of law University of Bengkulu who is right now one of delegate Phillip C. Jessup Moot Court Competition at Global Round participant.

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Southeast Asia

Vietnamese PM Chinh visit to Japan: A new era of cyber, space and defence cooperation

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pham minh chinh

Vietnamese Prime Minister Pham Minh Chinh visited Japan from November 22-25 and discussions about trade, investment, defence, cultural and enhancing political ties took place between the two leaders. The former prime minister of Japan Suga had visited Vietnam in October 2020, and it was his first visit to any foreign country. With the coming of Fumo Kishida new prime minister in Japan, Vietnamese Prime Minister thought it prudent to engage the new political leadership. When recently Kurt Campbell stated that India and Vietnam will be crucial in deciding the fate of Asia and the three countries namely India, Vietnam and Japan have been closely cooperating with one another because of two major factors. The three countries are in the periphery of China and have major stakes in the resolution of the South China Sea dispute. Second, these three economies are promising economies in Asia and are seen to be major harbingers of technology, economic growth and sustainable development. 

The visit of Vietnamese prime minister is primarily seen from the point of view of projecting the need for ‘Free and Open Indo Pacific’ and developing close cooperation between Vietnam and Japan. During the visit of Japanese defence minister to Vietnam last year several agreements have been signed between the two sides which included transfer of technology and defence trade between the two sides. Vietnam is facing a few challenges related to trade and investment, growing cases of Covid 19 pandemic, need for modernisation of its armed forces and realising the potential of the regional organisations such as ASEAN .In terms of developing necessary technical acumen for renewable energy sources and facilitating foreign direct investment from Japan were the major agendas for the visit of the Vietnamese Prime Minister. 

The Vietnamese Prime Minister visit was his first official visit to Japan. Vietnam is increasingly seen as a middle power which requires support and cooperation from Japanese in areas such as waste management, infrastructure development, developing technology parks, export processing zones and vocational training skills to emerge as one of the engines of economic growth in Southeast Asia. In fact, Japan was the only few countries in Asia with which Vietnam has developed air bubble agreement during COVID-19 to facilitate travel of passengers and businesspeople from the two countries. Given the fact that Vietnam is slowly opening its trade and investment and tourism sector it would be looking for countries in Europe and in Asia to spur development in the country. Japanese tourists are important incoming visitors for Vietnam because of their spending and booking high end resorts and hotels.  

Following the COP- 26 meeting which was held in London there have been huge expectations from the Asian countries to reduce their carbon footprints and look for other viable sources of energy. The visit of Vietnamese Prime Minister explored diverse issues related to politics, security, cultural interactions and development of human resources in Vietnam. The two defence ministers also signed aagreements related to transfer of technology and exports of Japanese defence equipment and weapons to Vietnam. Japan has already embarked on a policy to support littoral countries of South China Sea through patrol boats and fast attack crafts. 

One of the critical areas that Vietnam is looking for is the development of technology and scientific rigour within the country. In this context collaboration with Japanese scientific institutions and academic community would help Vietnam to develop skills and human resources to cater to the industrial revolution 4.0. Also, Vietnam is looking for developing expertise in areas such as machine learning, big data mining, artificial intelligence, underwater systems, developing sustainable development and energy resources in those South China Sea islands so that the soldiers can become self-sufficient in energy and clean water resources. Japan has been looking for alternate sources of investment and developing infrastructure in countries such as Vietnam Cambodia and Laos. Vietnam itself is emerging as a viable alternative to China in the wake of recurring cases of COVID-19 pandemic in China. Japanese investors and entrepreneurs are looking for relocating their businesses and investments. 

There is no denying of the fact that developments in South China Sea are of critical importance both for Vietnam and Japan, and it is expected that the two leaders discussed these issues in detail. The Chinese assertive activities in South China Sea have been deplored by Japan and other allied partners in the past. Vietnam is looking for cooperation with Japan in terms of submarine hunting capabilities and developing acumen for better management of human resources in defence sector. In terms of military cooperation between the two sides there is a lot of potential in terms of maritime surveillance aircraft, fast attack crafts, and coastal radar systems. Also, sonar systems and developing helicopter mounted surveillance systems would and has Vietnamese defence and surveillance capabilities. The two countries signed an agreement on space defence and cyber security. 

One of the important critical areas that the two countries discussed was related to the implementation of Regional Comprehensive Economic Partnership (RCEP) and promoting intra regional trade so that better complementarities could be developed between the two sides. Another important forum where Japan and Vietnam are members is CPTPP and there is speculation that President Joe Biden might be interested in re-joining the grouping. Taiwan and China have expressed interest in joining it, but Japan is in favour of only Taiwan.  In such a context when the two countries are at the crossroads of economic integration and regional economic groupings, it is expected that the two leaders discussed necessary checks and balances so the trade interests of the two countries can be protected while enhancing the integration at the regional level. 

Vietnam is also seen as a probable candidate for the Quad Plus initiative and Japan has been very insistent on engaging the country in a more proactive way. India, Vietnam and Japan could be one trilateral which will bring in a large market, Strong technology fundamentals, unique cultural identities and common strategic concerns acts as glue between the three countries. The development of Vietnam and Japan ties would reconfigure Asian identity and future.      

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ASEAN’s prospects in 2022 under Cambodian Chairmanship

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Exactly a decade later Cambodia faces the big question that whether the memory of the past can be erased, given the fact that during the last ASEAN meeting in Cambodia in 2012 the ASEAN communiqué was not released because of strong differences on the issue of South China Sea among various ASEAN claimant states. In the year 2021 after the ASEAN chairmanship of Brunei, Cambodia assumed the charge as the chairman of ASEAN for next year and there are expectations among the ASEAN member countries regarding the future course of action of the organization as such. During the 2021 ASEAN summit there were number of issues which were raised pertaining to the COVID-19 pandemic, return of democracy in Myanmar, participation of dialogue partners in reviving trade and investment in the region, and realizing the blueprint for ASEAN communities.

During the year 2021 the ASEAN meeting’s theme was “we care, we prepared, we prosper”, and the stress was on regaining the ASEAN community and working on harmonious region with more focus on people. The meeting reflected the desire of the people for maintaining the regional organization’s momentum within the ASEAN and beyond. During this year’s meetings (38th and 39th) the stress was on economic recovery and addressing the aftereffects of COVID-19 pandemic. There was much stress regarding the regional organization’s resilience, peace, security, and social progress. In fact, most of the member countries tried to work on strengthening the ASEAN’s capacities and working on solutions in the wake of economic slowdown because of the pandemic.


Under the ASEAN Community Vision 2025 the stress was on realizing the targets which are been set in the past and this year took note of the achievements in the last decade. The stress was on implementing the provisions of the ASEAN charter and improve the efficiency of the regional organization. Time and again it has been stated that ASEAN centrality is critical for peace and security in the region and therefore dialogue partners should make extra effort to recognize provisions of Treaty of Amity and Cooperation (TAC) in the current context. The cohesiveness of the organization which was stimulated under the Vietnam chairmanship in 2020 gained support and it is expected that Vietnam whatever was required to support the agenda for future.

The mid-term review of the ASEAN community blueprints, and ASEAN agenda would progress further during Summit in Cambodia in 2022. However, the ASEAN’s Cambodian Summit would be seen with apprehension given the fact that Hun Sen has stated that he would go that extra distance so that the ASEAN summit meetings are held peacefully and there are no domestic protests during that time against ruling party. This year’s ASEAN meeting already took note of the developments in Myanmar and raised apprehensions about the human right violations in the country and the atrocities which have been committed against the pro-democracy protesters.The dialogue partners have also raised concerns regarding developments in Myanmar. In such a context it would be interesting to note how Cambodia manages the domestic upheavals as well as demands from China which in the past has dictated terms to Cambodia on various issues which concern China. One issue which ASEAN is facing is the increasing Chinese assertion in the contested waters of South China Sea. As it has seen in the past the criticism of China was not accepted by the Cambodian Prime minister Hun Sen and therefore the issue of politics and security would shadow ASEAN unity and centrality.


One of the important things which have been achieved by Cambodia in the past was the adoption of the Declaration of Code of Conduct of Parties (DOC) in South China Sea in the year 2002. It would be two decades when the negotiations related to South China Sea have taken place and there is no sign of adoption of Code of Conduct in the contested waters. More importantly, the global community will be looking at the ASEAN Summit in Phnom Penh because it will facilitate better trade and investment opportunities for the three countries namely Cambodia, Laos, and Vietnam. This region is also seen as a potent competitor against China for shifting of select production and manufacturing facilities to this region. However, Cambodia is seen as increasingly getting into China’s strategic orbit because of Belt and Road Initiative (BRI) and the development of the Ream naval base by the Chinese PLA. Even US investment in Cambodia is suffering because of increased influence of China in Cambodia ‘s political apparatus.


Cambodia ASEAN Summit 2022 is expected to be in person summit and there is attendance likely to be of all the other member states and the dialogue partners as well. The 2022 ASEAN summit meeting would be seen as a precursor to other developments in the  region, particularly in the context of managing pandemics, promoting inter-ASEAN trade and investment, encouraging people to people connectivity, and also undertaking efforts to build digital and financial infrastructure in the region. The region itself is facing various challenges, particularly in the context of adopting measures required for realization of the Regional Comprehensive Economic Partnership (RCEP) and reducing tariffs and non-tariff barriers among the signatory countries. Therefore, in the year 2022, the summit at Phnom Penh might see the utility of new alliances such as AUKUS and how Cambodia responses to the request of United Kingdom to be the dialogue partner of the organization.

Also, as it has been seen in the year 2016 Cambodia hindered any reference to Permanent Court of Arbitration (PCA) judgment in favour of Philippines while entertaining Chinese request in this regard. The critical security challenges that the organization faces would again get reflected during the Cambodian Summit and it would be interesting to note whether Cambodia will come out of Chinese shadow and release the joint statement which was missing during the last Cambodia Summit. Invariably, it would also pave the way for ASEAN to emerge as a formidable organization or  be relegated just as a ‘talk shop’. 

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Green Volunteering ASEAN: Our common future

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Volunteerism is the voice of the people put into action.  These actions shape and mold the present into a future of which we can all be proud.“ — Helen Dyer

The Merriam-Webster dictionary defines ‘volunteerism’ as an act in which a person voluntarily undertakes or expresses a willingness to undertake a service. People who volunteer in non-profit organizations, for example, are willing to offer their personal services, oftentimes expecting nothing in return. Taking it a step further, what is ‘green volunteering’?

Green volunteering refers to a range of activities which include environmental monitoring, ecological restoration, and educating others about the natural environment. It can come in three forms: practical, fundraising, and administrative.

Practical green volunteering involves environmental volunteers who are involved in habitat management, for example, such as vegetation cutting or removal of invasive species. Fundraising green volunteering involves organizations that raise funds for a particular environmental cause. Finally, administrative green volunteering refers to volunteers who offer their skills and expertise in terms of legal support and public relations, to name a few. In other words, there are many types of green volunteering initiatives that you can take on today.

In the Association of Southeast Nations (ASEAN), which consists of 10 member states, there are plenty of green volunteering initiatives that one can participate in. For instance, in Bali, Indonesia you can become a reef conservation supporter wherein you will work with other volunteers and local communities to restore and protect Bali’s coral reef ecosystems. Meanwhile, in Thailand, you can volunteer in an Elephant Sanctuary and help provide refuge to domesticated elephants that have been rescued from a life of working in zoos or other establishments. Finally, you can also do conservation work in the island of Palawan in the Philippines, wherein you will assist in the restoration of a mangrove swamp.

As reports have shown, several countries in the ASEAN will be among the most to be most significantly impacted by the climate crisis. Rising sea levels, increasing temperatures, and declining biodiversity are just a few environmental issues that ASEAN countries are facing. On a bright side, we are also seeing many opportunities when it comes to a sustainable energy transition and sustainable finance, to name a few. It is, indeed, a big set of challenges and opportunities we are facing, which is why we need different people and organizations to work together. Green volunteering in the ASEAN is one great way to contribute towards the sustainability agenda.

Clearly, there are many opportunities to choose from in green volunteering in the ASEAN. As Helen Dyer highlighted, volunteerism is the voice of people put into action. As the climate crisis intensifies across the world, we need to translate our voices into action. One way to do this is by participating in green volunteering work.

International Volunteering Day 2021

The International Volunteering Day (IVD) 2021 is coming this December 5, and what better way to celebrate it by highlighting the initiatives taking place across the globe during the pandemic. In 2020, the United Nations (UN) reported that it had 9,459 volunteers hosted by various UN entities. These partners come from 100 different professions, 158 countries of assignment, and served with 60 UN partners worldwide. The UN also received a total of 68,173 online volunteer applications. Despite the impact of the pandemic, this did not stop the volunteers from offering their services.

The theme of IVD 2021 is “Volunteer now for our common future,” which aims to inspire people, whether they are decision makers or citizens, to take action for people and the planet. As IVD 2021 draws near, the ASEAN youth and young professionals are called on to take action and participate in green volunteering across the region.

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