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10. Secondly, the possession of the organization’s own distinct identity will be apart from that of its members, evidenced by the organization’s power to make decisions binding upon the entire membership through the vote of a mere majority of its members. For the association’s own dis- tinct identity, these are a strengthening of democratic values, good governance, rejection of uncon- stitutional and undemocratic changes of government and respect for the rule of law, including international humanitarian law, human rights and fundamental freedoms. The passage of the ASEAN Charter signals important developments for the integration of the Southeast Asian region. The ASEAN Charter recognized that ASEAN has an international legal personality with a region-wide commitment to international law, the rules of an international public order, institutional and Member-State accountability as a platform for compliance as well as respect for political pluralism under a common conception of shared values.31 If ASEAN under the ASEAN Charter were to be viewed as a distinct legal entity from its Member States, it would be difficult to attribute responsibility per se to its Member States for acts ascribed to or authored by ASEAN.32 However, if Member States’ residual responsibility to third parties is to be affirmed under the ASEAN Charter, the process will likely take the shape of either “second- ary Member State responsibility”, where the third party must first present its claim to ASEAN, and recourse to the Member States would be had only if ASEAN is in default in providing an adequate remedy, or “indirect responsibility”, where Member States are deemed a priori respon- sible to the organization to meet its obligations towards third parties.
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