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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.
Author: Hao Duy Phan
Publisher: Martinus Nijhoff Publishers
ISBN: 9004222170
Category : Law
Languages : en
Pages : 288
Get Book Here
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.
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.
Author: Alison Duxbury
Publisher: Cambridge University Press
ISBN: 1108465900
Category : Law
Languages : en
Pages : 431
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Book Description
Critically examines ASEAN's human rights system in the context of Southeast Asian political-legal developments and the global human rights discourse
Author: Amitav Acharya
Publisher: Psychology Press
ISBN: 0415157625
Category : Asia, Southeastern
Languages : en
Pages : 258
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Book Description
This book contains the most comprehensive and critical account available of the evolution of The Association of Southeast Asian Nations (ASEAN) norms and the viability of the ASEAN way of conflict management.
Author: James Gomez
Publisher: Springer Nature
ISBN: 9811510741
Category : Political Science
Languages : en
Pages : 312
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Book Description
This book reviews Southeast Asia’s National Human Rights Institutions (NHRIs) as part of an emerging assessment of a nascent regional human rights architecture that is facing significant challenges in protecting human rights. The book asks, can NHRIs overcome its weaknesses and provide protection, including remedies, to victims of human rights abuses? Assessing NHRIs’ capacity to do so is vital as the future of human rights protection lies at the national level, and other parts of the architecture—the ASEAN Intergovernmental Commission on Human Rights (AICHR), and the international mechanism of the Universal Periodic Review (UPR)—though helpful, also have their limitations. The critical question the book addresses is whether NHRIs individually or collaboratively provide protection of fundamental human rights. The body of work offered in this book showcases the progress of the NHRIs in Southeast Asia where they also act as a barometer for the fluid political climate of their respective countries. Specifically, the book examines the NHRIs’ capacity to provide protection, notably through the pursuit of quasi-judicial functions, and concludes that this function has either been eroded due to political developments post-establishment or has not been included in the first place. The book’s findings point to the need for NHRIs to increase their effectiveness in the protection of human rights and invites readers and stakeholders to find ways of addressing this gap.
Author: Tommy Koh
Publisher: World Scientific
ISBN: 9813225149
Category : Political Science
Languages : en
Pages : 445
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Book Description
On the 8th of August 2017, ASEAN will celebrate the 50th anniversary of its founding. ASEAN is of great importance to Singapore, the region and the world.In 1967, the Association of Southeast Asian Nations, or ASEAN in short, was founded by five countries in Southeast Asia which had just gained independence from their former colonial masters, united by a determination for the region to live in peace and stability. Singapore was one of the five founding members of ASEAN, together with Indonesia, Malaysia, Philippines and Thailand. The grouping was joined later by Brunei (1984), Vietnam (1995), Laos and Myanmar (1997), and finally, Cambodia (1999). ASEAN is today a very successful inter-governmental organization which promotes peace, stability, economic development and regional integration.This volume brings together 46 essays written by Singaporeans who have played a part in the partnership between ASEAN and Singapore. The reader will be able to glean an insight into the workings of ASEAN and Singapore's contributions to ASEAN through the lens of diplomats, academics, civil society leaders and officials.
Author: Rhona K. M. Smith
Publisher: Oxford University Press
ISBN: 0198746210
Category : Law
Languages : en
Pages : 447
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Book Description
Global in coverage, 'Textbook on International Human Rights' provides a wide-ranging introduction for law students new to the study of the subject. It considers historical factors, the work of the UN, regional systems, and a variety of substantive rights.
Author: Walter Woon
Publisher: NUS Press
ISBN: 9971698676
Category : Law
Languages : en
Pages : 308
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Book Description
Forty years after the Bangkok Declaration, which established the Association of Southeast Asian Nations (ASEAN), a new document was drafted as a result of “bold and visionary recommendations” of an ASEAN Committee of Eminent Persons. The ASEAN Charter, which came into force in 2008, provides ASEAN’s legal status and institutional framework. In effect, it is a legally binding agreement among the 10 ASEAN Member States. In many respects, however, the Charter is more important as an aspirational document. Written by one of the persons involved in the negotiations leading to the adoption of the Charter, this meticulously researched publication helps readers navigate the ambiguities of the Charter by detailing an insider’s background, provision by provision, of the debates that went into the making of the ASEAN Charter. It not only explains how the provisions of the Charter came to be drafted, but also how they relate to the realities of diplomatic practice. This volume will be an indispensable reference for scholars, working diplomats, and businesses and institutions that have a stake in ASEAN. "The ASEAN Charter is a commitment for us to become a rules-based community. It is time for us, especially the weaker countries among us, to be ruled by law rather than by political whim, national interest or military power. Walter Woon's work will be a major contribution to that end." - Rodolfo C. Severino, former Secretary-General of ASEAN (1998-2002) "Prof Walter Woon and I represented Singapore in the High-Level Task Force which drafted the ASEAN Charter; he is the ideal author for such a commentary on the Charter. This should be read by everyone interested in ASEAN." - Tommy Koh, Ambassador-at-Large, Ministry of Foreign Affairs, Singapore
Author: Ronald L. Holzhacker
Publisher: Springer Nature
ISBN: 3030590542
Category : Political Science
Languages : en
Pages : 277
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Book Description
This book presents a varied and multi-dimensional view of challenges of governance in Southeast Asia and ASEAN through the variety of disciplines and nationalities involved. In light of 50 years of regional collaboration and integration as the member states of ASEAN seek to chart out a future path for the region, this book is dedicated to showcasing different challenges to governance that occur due to internal and external pressures for the various member states. The editors are particularly interested in the multi-level governance challenges on issues of democracy, equity, and sustainability, the adaptation of policies and norms to fit an ASEAN way, and the changing roles of civil society and citizens in this process of seeking a common identity and voice. The book is divided into four sections. The first section introduces the fundamental political institutional dynamics that are in play within the region and the interplay between regional forces and national norms. The second section tackles the economic and legal discourses that various member states face in relation to external and internal pressures related to international and regional trade and industry. The third section focuses on issues of sustainability and equity resulting from the vast socio-spatial differences in the varied cities and regions of member states. In the final section, the authors discuss dilemmas resulting from economic growth in exploitative industries and the impact that has on the local and regional community through the lenses of inclusivity and justice. Written by a diverse collection of policy makers, researchers, educators and activists from the regions discussed, this book provides an authoritative first-hand analysis of key challenges to governance in Southeast Asia and ASEAN. As such, this volume is an excellent resource for academics, advanced masters and PhD candidates interested in the region, and major Southeast Asian research institutes and centers as well as policy makers and influencers at both national and regional levels within the region.
Author: Sébastien Moretti
Publisher: Routledge
ISBN: 1000543730
Category : Social Science
Languages : en
Pages : 258
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Book Description
This book offers a comprehensive and detailed analysis of refugee protection in Southeast Asia from an international law perspective. It examines both the legal and policy frameworks pertaining to the protection of refugees in the region as well as the countries’ response to refugee movements from the Indochinese refugee crisis in the mid-1970s to the most recent developments. It covers important aspects of refugee protection, such as access to territory, non-refoulement, the treatment of refugees, the concept of refugee as applied in the region, burden-sharing and durable solutions to the plight of refugees. The analysis focuses specifically on the main countries of asylum within the Association of Southeast Asian Nations that are not parties to the 1951 Refugee Convention, namely Thailand, Malaysia and Indonesia. Using an international law perspective based on the doctrine of the ‘two elements’ (practice and opinio juris), the author argues that these states have long recognized that people fleeing persecution, armed conflict and generalized violence, namely refugees, should be protected. This in turn demonstrates that they recognize the existence and relevance of the international refugee regime despite their refusal to accede to the Refugee Convention. Offering a different perspective on the links between international refugee law and refugee protection in Southeast Asia, this book will be of interest to researchers and practitioners in the fields of international relations, international refugee law, international human rights law, migration governance and Southeast Asian Studies.
