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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: James Gomez
Publisher: Springer Nature
ISBN: 9811510741
Category : Political Science
Languages : en
Pages : 312
Get Book Here
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: 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: Catherine Renshaw
Publisher: University of Pennsylvania Press
ISBN: 0812251032
Category : Political Science
Languages : en
Pages : 256
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Book Description
In Human Rights and Participatory Politics in Southeast Asia, Catherine Renshaw recounts an extraordinary period of human rights institution-building in Southeast Asia. She begins her account in 2007, when the ten members of the Association of Southeast Asian Nations (ASEAN) signed the ASEAN charter, committing members for the first time to principles of human rights, democracy, and the rule of law. In 2009, the ASEAN Intergovernmental Commission on Human Rights was established with a mandate to uphold internationally recognized human rights standards. In 2013, the ASEAN Human Rights Declaration was adopted as a framework for human rights cooperation in the region and a mechanisim for ASEAN community building. Renshaw explains why these developments emerged when they did and assesses the impact of these institutions in the first decade of their existence. In her examination of ASEAN, Renshaw asks how human rights can be implemented in and between states that are politically diverse—Vietnam and Laos are Communist; Brunei Darussalam is an Islamic sultanate; Myanmar is in transition from a military dictatorship; the Philippines and Indonesia are established multiparty democracies; while the remaining members are less easily defined. Renshaw cautions that ASEAN is limited in its ability to shape the practices of its members because it lacks a preponderance of democratic states. However, she concludes that, in the absence of a global legalized human rights order, the most significant practical advancements in the promotion of human rights have emerged from regional institutions such as the ASEAN.
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.
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: Hsien-Li Tan
Publisher: Cambridge University Press
ISBN: 113950469X
Category : Political Science
Languages : en
Pages : 323
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Book Description
This assessment of progress in Southeast Asia on human rights begins in the wake of the 'Asian values' debate and culminates in the formal regional institutionalisation of the ASEAN Intergovernmental Commission on Human Rights (AICHR). Chapters examine the arduous negotiation of AICHR, the evolving relationship between ASEAN states' and the international human rights system, and the historical and experiential reasons for hesitancy. The text concludes with a discussion of how the evolving right to development impacts upon AICHR and international human rights in general, and how their preference for economic, social and development rights could help ASEAN states shape the debate.
Author: Fernand de Varennes
Publisher: Routledge
ISBN: 1317518195
Category : Law
Languages : en
Pages : 452
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Book Description
The Routledge Handbook of Human Rights in Asia provides a rich study of human rights challenges facing some of the most vulnerable people in Asia. While formal accession to core international human rights instruments is commonplace across the region, the realisation of human rights for many remains elusive as development pressure, violent conflict, limited political will and discrimination maintain human rights volatility. This Handbook explores the underlying causes of human rights abuse in a range of contexts, considers lessons learnt from global, regional and domestic initiatives and provides recommendations and justifications for reform. Comprising 23 chapters, it examines the strengths and weaknesses of human rights institutions in Asia and covers issues such as: Participation, marginalisation, detention and exclusion Private sector responsibility and security Conflict and post-conflict rehabilitation Trafficking, displacement and citizenship Ageing populations, identity and sexuality. Drawing together a remarkable collection of leading and emerging scholars, advisers and practitioners, this Handbook is essential reading for students, scholars, policy makers and advocates of human rights in Asia and the world.
Author: ASEAN.
Publisher:
ISBN:
Category : Regionalism
Languages : en
Pages : 64
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Book Description
Author: Ryan Goodman
Publisher: Cambridge University Press
ISBN: 1139504223
Category : Political Science
Languages : en
Pages : 365
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Book Description
National Human Rights Institutions (NHRIs) – human rights commissions and ombudsmen – have gained recognition as a possible missing link in the transmission and implementation of international human rights norms at the domestic level. They are also increasingly accepted as important participants in global and regional forums where international norms are produced. By collecting innovative work from experts spanning international law, political science, sociology and human rights practice, this book critically examines the significance of this relatively new class of organizations. It focuses, in particular, on the prospects of these institutions to effectuate state compliance and social change. Consideration is given to the role of NHRIs in delegitimizing – though sometimes legitimizing – governments' poor human rights records and in mobilizing – though sometimes demobilizing – civil society actors. The volume underscores the broader implications of such cross-cutting research for scholarship and practice in the fields of human rights and global affairs in general.
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.
