The Symbiotic Relations Between Mutual Trust & Regional Counterterrorism Arsenals: The Different Outcomes of Three-Tier Vertical Normative Dialogues

This chapter examines the vertical normative forces (top-down and bottom-up influences) which define the role of regional organisations regarding the prevention and combating of terrorism and related human rights matters. The cross-directional vertical interactions between international, regional and national norms have resulted in differing outcomes in the EU and ASEAN; impacting the dimension(s) that mutual trust take(s). On the one side, ASEAN has been a simple vector of international law without any distortion. ASEAN Conventions are too vague to constitute an added value when approximating national laws. On the other, the EU is not only a receiver, but also an influencer of international norms. Besides, there has been a cross-fertilisation between the regional and national norms. This dialogue between the regional and national actors aims to ensure the effective and harmonised implementation of regional norms. Present at all three levels of analysis, interpersonal trust (social dimension of mutual trust) is insufficient to ensure sustainable cooperative relations. Developing the political dimension of mutual trust is a progressive step but retains an element of uncertainty. Adding a legal dimension to the other two dimensions constitutes a stabilisation of relations in the long term. Such sustainability might have hindered cooperation between ASEAN Member States who do not want to be legally bound, whereas the more legalistic approach adopted by the EU has most certainly facilitated cross-border cooperation.