Business and Human Rights in Southeast Asia

Business and Human Rights in Southeast Asia PDF Author: Mahdev Mohan
Publisher: Routledge
ISBN: 1317964306
Category : Law
Languages : en
Pages : 240

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Book Description
Business and human rights has emerged as a distinct field within the corporate governance movement. The endorsement by the United Nations Human Rights Council of a new set of Guiding Principles for Business and Human Rights in 2011 reinforces the State’s duty to protect against human rights abuses by third parties, including business; the corporate responsibility to respect human rights; and greater access by victims to effective remedy, both judicial and non-judicial. This book draws on the UN Guiding Principles and recent national plans of action, to provide an overview of relevant developments within the ASEAN region. Bridging theory and practice, the editors have positioned this book at the intersection of human rights risk and its regulation. Chapter authors discuss the implications of key case-studies undertaken across the region and various sectors, with a particular focus on extractive industries, the environment, and infrastructure projects. Topics covered include: due diligence and the role of audits; businesses’ responsibilities to women and children; and the mitigation of human rights risks in the region's emerging markets. The book sheds light on how stakeholders currently approach business and human rights, and explores how the role of ASEAN States, and that of the institution itself, may be strengthened. In doing so, the book identifies critical challenges and opportunities that lie ahead for the region in relation to business and human rights. This book will be of excellent use and interest to scholars, practitioners and students of human rights, business and company law, international law, and corporate governance.

Business and Human Rights in Southeast Asia

Business and Human Rights in Southeast Asia PDF Author: Mahdev Mohan
Publisher: Routledge
ISBN: 1317964306
Category : Law
Languages : en
Pages : 240

Get Book Here

Book Description
Business and human rights has emerged as a distinct field within the corporate governance movement. The endorsement by the United Nations Human Rights Council of a new set of Guiding Principles for Business and Human Rights in 2011 reinforces the State’s duty to protect against human rights abuses by third parties, including business; the corporate responsibility to respect human rights; and greater access by victims to effective remedy, both judicial and non-judicial. This book draws on the UN Guiding Principles and recent national plans of action, to provide an overview of relevant developments within the ASEAN region. Bridging theory and practice, the editors have positioned this book at the intersection of human rights risk and its regulation. Chapter authors discuss the implications of key case-studies undertaken across the region and various sectors, with a particular focus on extractive industries, the environment, and infrastructure projects. Topics covered include: due diligence and the role of audits; businesses’ responsibilities to women and children; and the mitigation of human rights risks in the region's emerging markets. The book sheds light on how stakeholders currently approach business and human rights, and explores how the role of ASEAN States, and that of the institution itself, may be strengthened. In doing so, the book identifies critical challenges and opportunities that lie ahead for the region in relation to business and human rights. This book will be of excellent use and interest to scholars, practitioners and students of human rights, business and company law, international law, and corporate governance.

A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia

A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia PDF Author: Hao Duy Phan
Publisher: Martinus Nijhoff Publishers
ISBN: 9004222170
Category : Law
Languages : en
Pages : 288

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Book Description
This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection. This book suggests a selective approach to establish a human rights court for Southeast Asia. It posits that a group of nations within Southeast Asia may be more willing to consider the possibility of a stronger human rights mechanism. It investigates the challenges to and the feasibility of such a proposal. Furthermore, it examines the design of the three existing regional human rights courts in Europe, the Americas, and Africa, and compares the rationales for those institutional designs with the specific context of Southeast Asia. A human rights court for all ASEAN members may not be possible at this time, but a court for some nations in the region is feasible and worth exploring. The path towards this goal is never an easy one; however, the region possesses the necessary conditions to gradually translate that goal into reality.

Human Rights And Asean: Indonesian And International Perspectives

Human Rights And Asean: Indonesian And International Perspectives PDF Author: Kevin Yl Tan
Publisher: World Scientific
ISBN: 9811229511
Category : Political Science
Languages : en
Pages : 296

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Book Description
Human Rights in ASEAN: Indonesian and International Perspectives is a collection of 13 essays that not only offers fresh new insights on the different facets of human rights and their protection in ASEAN, but also 'insider' accounts of the development of the ASEAN Inter-Governmental Commission for Human Rights. These valuable perspectives have never been shared publicly, and offer a view from both the state and non-governmental organisations' (NGO) perspectives. In addition to these valuable perspectives, this book offers a number of significant case studies of how human rights has been implemented, and the challenges it faces in ASEAN in general, and in Indonesia particularly.

Human Rights in Asia

Human Rights in Asia PDF Author: Thomas W.D. Davis
Publisher: Edward Elgar Publishing
ISBN: 0857933264
Category : Political Science
Languages : en
Pages : 257

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Book Description
Does the increasing prominence of Asia also mark a new era for human rights in the region? This timely book uncovers the political drivers behind both recent regional and country-based changes to the recognition, promotion, and protection of rights. Human Rights in Asia focuses on the relationships between political regimes, institutions and cultures, and external actors, such as international organisations, NGOs, and business. The contributing authors provide important discussions on Burma, Cambodia, China, India, Indonesia, Malaysia, Singapore, Thailand, and the Phillipines. Thematic chapters then go on to frame these individually focused contributions, by examining the international pressure to 'normalise' rights regimes, and the relationship between Islam and rights in the region. Providing a unique combination of country-specific and thematic analysis, this book will be a fascinating and beneficial read for postgraduate and undergraduate students in human rights and international relations, as well as scholars in politics, human rights, international relations and government and NGO analysts.

Emerging Regional Human Rights Systems in Asia

Emerging Regional Human Rights Systems in Asia PDF Author: Tae-Ung Baik
Publisher: Cambridge University Press
ISBN: 1107015340
Category : Law
Languages : en
Pages : 347

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Book Description
Analyses the emerging human rights norms, regional institutions and enforcement mechanisms in Asia.

Business, Human Rights and Transitional Justice

Business, Human Rights and Transitional Justice PDF Author: Irene Pietropaoli
Publisher: Routledge
ISBN: 9780367809546
Category : Business & Economics
Languages : en
Pages : 272

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Book Description
"This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law - either as the main perpetrators, or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyses this development assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, the book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, the book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice"--

Rivalry and Response

Rivalry and Response PDF Author: Jonathan R. Stromseth
Publisher: Brookings Institution Press
ISBN: 081573915X
Category : Political Science
Languages : en
Pages : 137

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Book Description
" Southeast Asia has become a hotbed of strategic rivalry between China and theUnited States. China is asserting its influence in the region through economic statecraft and far-reaching efforts to secure its sovereignty claims in the South China Sea, while the United States has promoted a Free and Open Indo-Pacific strategy that explicitly challenges China's expanding influence—warning other countries that Beijing is practicing predatory economics and advancing governance concepts associated with rising authoritarianism in the region. In this timely volume, leading experts from Southeast Asia, Australia, and the United States assess these great power dynamics by examining the strategic landscape, domestic governance trends, and economic challenges in Southeast Asia, with the latter focusing especially on infrastructure. Among other findings, the authors express concern that U.S. policy has become too concentrated on defense and security, to the detriment of diplomacy and development, allowing China to fill the soft power vacuum and capture the narrative through its signature Belt and Road Initiative. The COVID-19 pandemic has only increased the policy challenges for Washington as China recovers faster from the outbreak, reinforcing its already advantaged economic position and advancing its strategicgoals as a result. As the Biden administration begins to formulate its strategy for the region, it would do well to consider these findings and the related policy recommendations that appear in this volume. Much is at stake for U.S. foreign policy and American interests. Southeast Asia includes two U.S. allies—Thailand and the Philippines—important security partners like Singapore, and key emerging partners such as Vietnam and Indonesia. Almost 42,000 U.S. companies export to the 10 countries that comprise the Association of Southeast Asian Nations (ASEAN), supporting about 600,000 jobs in the United States, but America's economic standing is increasingly at risk. "

The Borderlands of Southeast Asia

The Borderlands of Southeast Asia PDF Author: James Clad
Publisher: NDU Press
ISBN: 1780399227
Category : Political Science
Languages : en
Pages : 276

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Book Description
As an academic field in its own right, the topic of border studies is experiencing a revival in university geography courses as well as in wider political commentary. Until recently, border studies in contemporary Southeast Asia appeared as an afterthought at best to the politics of interstate rivalry and national consolidation. The maps set out all agreed postcolonial lines. Meanwhile, the physical demarcation of these boundaries lagged. Large slices of territory, on land and at sea, eluded definition or delineation. That comforting ambiguity has disappeared. Both evolving technologies and price levels enable rapid resource extraction in places, and in volumes, once scarcely imaginable. The beginning of the 21st century's second decade is witnessing an intensifying diplomacy, both state-to-state and commercial, over offshore petroleum. In particular, the South China Sea has moved from being a rather arcane area of conflict studies to the status of a bellwether issue. Along with other contested areas in the western Pacific and south Asia, the problem increasingly defines China's regional relationships in Asia, and with powers outside the region, especially the United States. Yet intraregional territorial differences also hobble multilateral diplomacy to counter Chinese claims, and daily management of borders remains burdened by a lot of retrospective baggage. The contributors to this book emphasize this mix of heritage and history as the primary leitmotif for contemporary border rivalries and dynamics. Whether the region's 11 states want it or not, their bordered identity is falling into ever sharper definition, if only because of pressure from extraregional states. This book aims to provide new ways of looking at the reality and illusion of bordered Southeast Asia.

Under Beijing's Shadow

Under Beijing's Shadow PDF Author: Murray Hiebert
Publisher: Rowman & Littlefield
ISBN: 1442281405
Category : Political Science
Languages : en
Pages : 608

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Book Description
China’s rise and stepped-up involvement in Southeast Asia have prompted a blend of anticipation and unease among its smaller neighbors. The stunning growth of China has yanked up the region’s economies, but its militarization of the South China Sea and dam building on the Mekong River has nations wary about Beijing’s outsized ambitions. Southeast Asians long felt relatively secure, relying on the United States as a security hedge, but that confidence began to slip after the Trump administration launched a trade war with China and questioned the usefulness of traditional alliances. This compelling book provides a snapshot of ten countries in Southeast Asia by exploring their diverse experiences with China and how this impacts their perceptions of Beijing’s actions and its long-term political, economic, military, and “soft power” goals in the region.

ASEAN Law and Regional Integration

ASEAN Law and Regional Integration PDF Author: Diane Desierto
Publisher: Routledge
ISBN: 1351972952
Category : Social Science
Languages : en
Pages : 240

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Book Description
Since the passage of the ASEAN Charter in 2008, ASEAN has transformed itself from a loose economic cooperation, into a formal intergovernmental organization designed to create an “ASEAN Community” forged together in three pillar communities – the ASEAN Political-Security Community, ASEAN Economic Community, and tASEAN Socio-Cultural Community. Forty years of pre-Charter ASEAN practices, coupled with over ten years of post-Charter ASEAN practices thus far, has witnessed the conclusion of hundreds of legally binding regional treaties and similarly binding international instruments in all areas of economic, political-security, and socio-cultural concerns for Southeast Asia to achieve ASEAN’s rule of law-based development objective. Pre-Charter and post-Charter ASEAN Law is variably implemented under a hybrid governance system that depends heavily on ASEAN Member State national implementation alongside ASEAN’s evolving regional institutions. The result is not a model of deep integration as in the case of the European Union, but a particular paradigm of horizontal embeddedness of ASEAN Law – in all its norms and operational practices – contingent on the capacities and compliance of national government bureaucracies in Southeast Asia. This edited collection is a concise authoritative volume covering the practical, doctrinal, legal, and policy aspects of the new regime of ASEAN Law and its consequences for realizing rule of law-based development in Southeast Asia’s emerging single market and production base. Drawing together contributions from a range of key thinkers in the field, the editors present the legal and policy-making issues implicated in the practical implementation of Southeast Asia’s single market and its regime for the free movement of goods, services, foreign investment, and cross-border labor. The book also examines the nature of regional law-making under ASEAN before and after the commencement of regional integration in 2015, the nature of ASEAN’s economic regulators, as well as the evolving structure for enforcement and harmonization of “ASEAN Law” through the array of Southeast Asian national courts, arbitral tribunals, and incipient mechanisms for inter-State, intra-regional, and individual-State conflict management and dispute resolution. This book is highly relevant to students, scholars, and policy-makers with an interest in ASEAN Law and regional policy, and to Southeast Asian studies in general.