Giáo trình Sự hình thành của chủ nghĩa khu vực Asean (Phần 2)

that contains 
radionuclides above clearance of exemption levels 
recommended by the International Atomic Energy Agency 
(IAEA); 
(f) “radioactive wastes” means material that contains of 
is contaminated with radionuclides at concentrations or 
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activities greater than clearance levels recommended by the 
IAEA and for which no use is foreseen; and 
(g) “dumping” means 
(i) any deliberate disposal at sea including seabed and 
subsoil insertion, of radioactive wastes or other matter from 
vessels, aircraft, platforms or other man-made structures at 
sea, and 
(ii) any deliberate disposal at sea, including seabed and 
subsoil insertion, of vessels, aircraft, platforms or other man 
made structure at sea containing radioactive material, but 
does not include the disposal of wastes or other matter 
incidental to, of derived from the normal operations of 
vessels, aircraft, platforms or other man-made structures at 
sea and their equipment, other than wastes or other matter 
transported by or to vessels, aircarft, platforms or other man-
made structures at sea, operating for the purpose of disposal 
of such matter of derived from the treatment of such wastes or 
other matter on such vessels, aircraft, platforms or structures. 
Article 2 
APPLICATION OF THE TREATY 
1. This Treaty and its Protocol shall apply to the 
territories, continental selves, and EEZ of the states Parties 
within the Zone in which the Treaty is in force. 
2. Nothing in this Treaty shall prejudice the rights or the 
exercise of these rights by any State under the provisions of 
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the United Nations Convention on the Law of the Sea of 1982, 
in particular with regard to freedom of the high seas, tights of 
innocent passage, archipelagic sea lanes passage or transit 
passage of ships and aircraft, and consistent with the Charter 
of the United Nations. 
Article 3 
BASIC UNDERTAKINGS 
1. Each State Party undertakes not to, anywhere inside or 
outside the Zone: 
(a) develop, manufacture or otherwise acquire, possess or 
 have control over nuclear weapons; 
(b) station or transport nuclear weapons by any means; or 
(c) test or use nuclear weapons. 
2. Each State Party also undertakes not to allow, in its 
territory, any other state to: 
(a) develop, manufacture or otherwise acquire, possess 
or have control over nuclear weapons; 
(b) station nuclear weapons; or 
(c) test or use nuclear weapons. 
3. Each state Party also undertake not to: 
(a) dump at sea or discharge into the atmosphere 
anywhere within the Zone any radioactive material or 
wastes; 
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(b) dispose radioactive material or wastes on land in the 
territory of or under the jurisdiction of other States 
except as stipulated in Paragraph 2 (c) or Article 4; or 
(c) allow, within its territory, any other State to dump at 
sea or discharge into the atmosphere any radioactive 
material of wastes. 
4. Each State Party undertakes not to: 
(a) seek or receive any assistance in the commission of 
any act in violation of the provisions of Paragraphs 1, 
2 and 3 of this Article; or 
(b) take any action to assist or encourage the commission 
of any act in violation of the provisions of Paragraphs 
1,2 and 3 of this article. 
Article 4 
USE OF NUCLEAR ENERGY 
FOR PEACEFUL PURPOSES 
1. Nothing in this treaty shall prejudice the right of the States 
Parties to use nuclear energy, in particular for their 
economic development and social progress. 
2. Each State Party therefore undertakes: 
(a) to use exclusively for peaceful purposes nuclear 
material and facilities which are within its territory and 
areas under its jurisdiction and control; 
(b) prior to embarking on its peaceful nuclear energy 
programme, to subject its programme to rigorous 
nuclear safety assessment conforming to guidelines and 
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standards recommended by the IAEA for the protection 
of health and minimization of danger to life and 
property in accordance with Paragraph 6 of article III of 
the Statute of the IAEA; 
(c) upon request, to make available to another State Party 
the assessment except information relating to personal 
data, information protected by intellectual property 
rights or by industrial or commercial confidentiality, and 
information relating to national security; 
(d) to support the continued effectiveness of the 
international non-proliferation system based on the 
Treaty on the Non Proliferation of Nuclear Weapons 
(NPT) and the IAEA safeguard system; 
and 
(e) to dispose radioactive wastes and other radioactive 
material in accordance with IAEA standards and 
procedures on land within its territory or on land within 
the territory of another state which has consented to 
such disposal. 
3. Each State Party further undertakes not to provide source or 
special fissionable material, or equipment or material 
especially designed or prepared for the processing, use or 
production of special fissionable material to: 
(a) any non-nuclear-weapon State except under conditions 
subject to the safeguards required by Paragraph I of 
article III of the NPT; or 
(b) any nuclear-weapon state except in conformity with 
applicable safeguards agreements with the IAEA. 
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Article 5 
IAEA SAFEGUARDS 
Each State Party which has not done so shall conclude 
an agreement with the IAEA for the application of full scope 
safeguards to its peaceful nuclear activities not later than 
eighteen months alter the entry into force for that State Party 
of the Treaty. 
Article 6 
EARLY NOTIFICATION OF A NUCLEAR ACCIDENT 
Each State Party which has not acceded to the 
Convention on Early Notification of a Nuclear Accident shall 
endeavour to do so. 
Article 7 
FOREIGN SHIPS AND AIRCRAFT 
Each State Party, on being notified, may decide for itself 
whether to allow visits by foreign ships and aircraft to its ports 
and airfields, transit of its airspace by foreign aircraft, and 
navigation by foreign ships through its territorial sea or 
archipelagic waters and overflight of foreign aircraft above 
those waters in a manner not governed by the rights of 
innocent passage, archipelagic sea lanes passage or transit 
passage. 
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Article 8 
ESTABLISHMENT OF THE COMMISSION FOR 
THE SOUTHEAST ASIA NUCLEAR 
WEAPON-FREE ZONE 
1. There is hereby established a commission for the 
Southeast Asia Nuclear weapon-free Zone, hereinafter 
referred to as the “commission”. 
2. All States Parties are ipso facto members of the 
Commission. Each State Party shall be represented by its 
Foreign Minister or his representative accompanied by 
alternates and advisers. 
3. The function of the commission shall be to oversee 
the implementation of this Treaty and ensure compliance with 
its provisions. 
4. The commission shall meet as and when necessary in 
accordance with the provisions of this treaty including upon 
the request of any State Party. As far as possible, the 
commission shall meet in conjunction with the ASEAN 
Ministerial Meeting. 
5. At the beginning of each meeting, the Commission 
shall elect its chairman and such other officers as may be 
required. They shall hold office until anew Chairman and 
other officers are elected at the next meeting. 
6. Unless otherwise provided for in this Treaty, two-
thirds of the members of the Commission shall be present to 
constitute a quorum. 
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7. Each member of the Commission shall have one vote. 
8. Except as provided for in this Treaty, decisions of the 
Commission shall be taken by consensus or failing consensus, 
by a two-thirds majority of the members present and voting. 
9. The commission shall, by consensus, agree upon and 
adopt rules of produce for itself as well as financial rules 
governing its funding and that of its subsidiary organs. 
Article 9 
THE EXECUTIVE COMMITTEE 
1. There is hereby established, as a subsidiary organ of 
the Commission, the Executive committee. 
2. The Executive committee shall be composed of all 
States Parties to this Treaty. Each State Party shall be 
represented by one senior official as its representative, who 
may be accompanied by alternates and advisers. 
3. The functions of the Executive Committee shall be to: 
(a) ensure the proper operation of verification measures 
in accordance with the provisions on the control system as 
stipulated in Article 10; 
(b) consider and decide on requests for clarification and 
for a fact-finding mission; 
(c) set up a fact-finding mission in accordance with the 
Annex of this Treaty; 
(d) consider and decide on the findings of a fact finding 
mission and report to the Commission; 
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(e) request the Commission to convene a meeting 
where appropriate and necessary; 
(f) conclude such agreements with the IAEA or other 
international organizations as referred to in article 18 on 
behalf of the Commission after bearing duly authorized to do 
so by the Commission; and 
(g) carry out such other tasks as may, from time to time, 
be assigned by the commission. 
4. The Executive Committee shall meet as and when 
necessary for the efficient exercise of its functions. As far as 
possible, the Executive Committee shall meet in conjunction 
with the ASEAN Senior Officials Meeting. 
5. The Chairman of the Executive Committee shall be 
the representative of the Chairman of the Commission. Any 
submission or communication made by a State Party to the 
Chairman of the Executive Committee shall be disseminated 
to the other members of the Executive Committee. 
6. Two-thirds of the member of the executive Committee 
shall be present to constitute a quorum. 
7. Each member of the Executive Committee shall have 
one vote. 
8. Decision of the Executive committee shall be taken 
by consensus of, failing consensus, by a two-thirds majority of 
the members present and voting. 
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Article 10 
CONTROL SYSTEM 
1. There is hereby established a control system for the 
purpose of verifying compliance with the obligations of the 
States Parties under this Treaty. 
2. The Control System shall comprise; 
(a) the IAEA safeguards system as provided for in 
Article 5; 
(b) report and exchange of information as provided for 
in Article 11; 
(c) request for clarification as provided for in Article 12; 
and 
(d) request and procedures for a fact finding mission as 
provided for in Article 13 
Article 11 
REPORT AND EXCHANGE OF INFORMATION 
1. Each State Party shall submit reports to the Executive 
Committee on any significant event within its territory and 
areas under its jurisdiction and control affecting the 
implementation of this Treaty. 
2. The States Parties may exchange information on 
matters arising under or in relation to this Treaty. 
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Article 12 
REQUEST FOR CLARIFICATION 
1. Each State Party shall have the right to request 
another State Party for clarification concerning any situation 
which may be considered ambiguous or which may give rise 
to doubts about the compliance of that State Party with this 
Treaty. It shall inform the Executive Committee of such a 
request. The requested State Party shall duly respond by 
providing without delay the necessary information and inform 
the Executive Committee of its reply to the requesting State 
Party. 
2. Each State Party shall have the right to request the 
Executive committee to seek clarification for another State 
Party concerning any situation which may be considered 
ambiguous or which may give rise to doubts about compliance 
of that State Party with this treaty. Upon receipt of such a 
request, the Executive Committee shall consult the state Party 
from which clarification is sought for the purpose of obtaining 
the clarification requested. 
Article 13 
REQUEST FOR A FACT-FINDING MISSION 
A State Party shall have the right to request the 
Executive Committee to send a fact-finding mission to 
another State Party in order to clarity and resolve a situation 
which may be considered ambiguous or which may give rise 
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to doubts about compliance with the provisions of this Treaty, 
in accordance with the procedure contained in the Annex to 
this Treaty. 
Article 14 
REMEDIAL MEASURES 
1. In case the Executive Committee decide in 
accordance with the Annex that there is a breach of this 
Treaty by a State Party, that State Party shall, within a 
reasonable time, take all steps necessary to bring itself in full 
compliance with this Treaty and shall promptly inform the 
Executive Committee of the action taken or proposed to be 
taken by it. 
2. Where a State Party fails or refuses to comply with 
the provisions of Paragraph 1 of this Article, the Executive 
Committee shall request the Commission to convene a 
meeting in accordance with the provisions of Paragraph 3(c) 
of Article 9. 
3. At the meeting convened pursuant to Paragraph 2 of 
this Article, the Commission shall consider the emergent 
situation and shall decide on any measure it deems 
appropriate to cope with the situation, including the 
submission of the matter to the IAEA and, where the situation 
might endanger international peace and security, the Security 
council and the General Assembly of the United Nations. 
4. In the event of breach of the Protocol attached to this 
Treaty by a State Party to the Protocol, the Executive 
 287
Committee shall convene a special meeting of the Commission 
to decide on appropriate measures to be taken. 
Article 15 
SIGNATURE, RATIFICATION, ACCESSION, 
DEPOSIT AND REGISTRATION 
1. This Treaty shall be open for signature by all States in 
Southeast Asia, namely, Brunei, Darussalam, Cambodia, 
Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, 
Thailand and Vietnam. 
2. This Treaty shall be subject to ratification in 
accordance with the constitutional procedure of the signatory 
states. The instruments of ratification shall be deposited with 
the Government of the Kingdom of Thailand which is hereby 
designated as the Depositary State. 
3. This Treaty shall be open for accession. The instruments 
of accession shall be deposited with the Depositary State. 
4. The Depositary state shall inform the other states 
Parties to this Treaty on the deposit of instruments of 
ratification or accession. 
5. The Depositary state shall register this Treaty and its 
Protocol pursuant to Article 102 of the Charter of the United 
Nations. 
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Article 16 
ENTRY INTO FORCE 
1. This Treaty shall enter into force on the date of the 
deposit of the seventh instrument of ratification and/or 
accession. 
2. For States which ratify or accede to this Treaty after 
the date of the seventh instrument of ratification or accession, 
the Treaty shall enter into force on the date of deposit of its 
instrument of ratification or accession 
Article 17 
RESERVATIONS 
This treaty shall not be subject to reservations 
Article 18 
RELATIONS WITH OTHER INTERNATIONAL 
ORGANIZATIONS 
The commission may conclude such agreements with 
the IAEA or other international organizations as it consider 
likely to facilitate the efficient operation of the control system 
established by this Treaty. 
Article 19 
AMENDMENTS 
Any State Party may propose amendments to this Treaty and 
its Protocol and shall submit its proposals to the Executive 
 289
Committee, which shall immediately request the Commission 
to convene a meeting to examine the proposed amendments. 
The quorum required for such a meeting shall be all the 
members of the Commission. Any amendment shall be 
adopted by a consensus decision of the Commission. 
1. Amendments adopted shall enter into force 30 days 
after the receipt by the Depositary State of the seventh 
instrument acceptance from the States Parties 
Article 20 
REVIEW 
Ten years after this Treaty enters into force, Asian 
meeting of the Commission shall be convened for the purpose 
of the reviewing the operation of the Treaty. A meeting of 
the Commission for the same purpose may also be convened 
at anytime thereafter if there is consensus among all its 
members. 
Article 21 
SETTLEMENT OF DISPUTES 
Any dispute arising from the interpretation of the 
provisions of this Treaty shall be settled by peaceful means as 
may be agreed upon by the States Parties to the dispute. If 
within one month, the parties to the dispute are unable to 
achieve Asian peaceful settlement of the dispute by 
negotiation, mediation, enquiry or conciliation, any of the 
parties concerned shall, with the prior consent of the other 
 290
parties concerned, refer the dispute to arbitration or to the 
International Court of justice. 
Article 22 
DURATION AND WITHDRAWAL 
1. This Treaty shall remain in force indefinitely. 
2. In the event of Asian breach by any State Parties of 
this Treaty essential to the achievement of the objectives of 
the Treaty ,every other State Party shall have the right to 
withdraw from the Treaty. 
2. Withdraw under paragraph 2 of the Article 22, shall 
be effected by giving notice twelve months in advance to the 
members of the Commission. 
IN WITNESS WHERE OF. The under signed have 
signed this Treaty. 
DONE at Bangkok, this fifteenth day of December one 
thousand nine hundred and ninety-five, in one original in the 
English language 
(signed) 
FOR BRUNEI DARUSSALAM: 
HAJI HASSANAL BOLKIAH 
Sultan of Brunei Darussalam 
FOR THE KINGDOM OF CAMBODIA: 
Sandch Krom Preah NORODOM RANARIDDH Samdech 
HUNSEN 
First Prime Minister Second Prime Minister 
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FOR THE REPUBLIC OF INDONESIA: 
SOEHARTO 
President 
FOR THE LAO PEOPLES DEMOCRATIC REPUBLIC: 
KHAMTAY SIPHANDONE 
Prime Minister 
FOR MALAYSIA: 
Dr. MAHATHIR BIN MOHAMAD 
Prime Minister 
FOR THE UNION OF MYANMAR: 
SENIOR GENERAL THAN SHWE 
Chairman of the State Law and Order Restoration Council 
And Prime Minister 
FOR THE REPUBLIC OF THE PHILIPPINES: 
FIDEL RAMOS 
President 
FOR THE REPUBLIC OF SINGAPORE: 
GOH CHOK TONG 
Prime Minister 
FOR THE KINGDOM OF THAILAND 
BANHARN SILPA-ARCH 
Prime Minister 
FOR THE SOCIALIST REPUBLIC OF VIETNAM: 
VO VAN KIET 
Prime Minister 
 293
MỤC LỤC 
Trang 
Chương 1: KHÁI LUẬN VỀ CHỦ NGHĨA KHU VỰC....... 7 
I. Khái niệm khu vực ..................................................... 7 
II. Những luận điểm chủ yếu 
 về chủ nghĩa khu vực ............................................... 17 
III. Chủ nghĩa quốc gia (nationalism) ............................ 24 
IV. Chủ nghĩa toàn cầu (globalism) .............................. 27 
V. Chủ nghĩa khu vực (regionalism) ............................. 36 
VI. Các mô thức cơ bản của chủ nghĩa khu vực ............. 52 
Chương 2: SỰ HÌNH THÀNH CHỦ NGHĨA KHU VỰC 
CỦA ASEAN ...................................................... 68 
I. ĐNÁ- một chỉnh thể khu vực địa lý- 
 văn hóa - lịch sử ....................................................... 68 
II. Sự hình thành chủ nghĩa khu vực của ASEAN 
 nhìn từ bình diện địa - chính trị ................................ 82 
III. Sự hình thành chủ nghĩa khu vực của ASEAN 
 nhìn từ bình diện địa - kinh tế ................................ 117 
IV. Sự hình thành chủ nghĩa khu vực của ASEAN 
 nhìn từ bình diện an ninh khu vực .......................... 132 
 294
Chương 3: CHỦ NGHĨA KHU VỰC ASEAN: 
 CƠ HỘI VÀ THÁCH THỨC .......................... 155 
I. ASEAN trong trật tự thế giới mới ............................ 155 
II. ASEAN và các cơ hội phát triển ............................. 168 
III. Những thách thức phát triển của ASEAN ............... 176 
Kết Luận: ............................................................................ 193 
Phụ lục ................................................................................ 207