A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia
Title | A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia PDF eBook |
Author | Hao Duy Phan |
Publisher | Martinus Nijhoff Publishers |
Total Pages | 288 |
Release | 2012-02-03 |
Genre | Law |
ISBN | 9004222170 |
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.
The ASEAN Intergovernmental Commission on Human Rights
Title | The ASEAN Intergovernmental Commission on Human Rights PDF eBook |
Author | Hsien-Li Tan |
Publisher | Cambridge University Press |
Total Pages | 323 |
Release | 2011-07-07 |
Genre | Political Science |
ISBN | 113950469X |
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.
Human Rights in the Asia-Pacific Region
Title | Human Rights in the Asia-Pacific Region PDF eBook |
Author | Hitoshi Nasu |
Publisher | Routledge |
Total Pages | 286 |
Release | 2011-05-23 |
Genre | Law |
ISBN | 1136717099 |
The Asia-Pacific region is known for having one of the least developed institutional mechanisms for protecting human rights. This edited collection makes a timely and distinctive contribution to contemporary debates about strengthening the institutional protection of human rights in the Asia-Pacific region, in the wake of ASEAN’s announcement in 2009 of an ASEAN regional human rights mechanism. Drawing together leading scholarly voices including Surya Deva, V.T. Thamilmaran, Tom Zwart and Catherine Renshaw, the book focuses on the systemic issue of institutionalizing human rights protection in the Asia-Pacific. It critically examines the prospects for deepening and widening the institutionalization of human rights monitoring in the region, challenging the orthodox scepticism about whether Asia is "ready" for stronger institutions. The volume analyses the impediments to institutions, whilst questioning the need for them.
Emerging Regional Human Rights Systems in Asia
Title | Emerging Regional Human Rights Systems in Asia PDF eBook |
Author | Tae-Ung Baik |
Publisher | Cambridge University Press |
Total Pages | 347 |
Release | 2012-11 |
Genre | Law |
ISBN | 1107015340 |
Analyses the emerging human rights norms, regional institutions and enforcement mechanisms in Asia.
Can ASEAN Take Human Rights Seriously?
Title | Can ASEAN Take Human Rights Seriously? PDF eBook |
Author | Alison Duxbury |
Publisher | Cambridge University Press |
Total Pages | 431 |
Release | 2019-03-28 |
Genre | Law |
ISBN | 1108465900 |
Critically examines ASEAN's human rights system in the context of Southeast Asian political-legal developments and the global human rights discourse
A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia
Title | A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia PDF eBook |
Author | Hao Duy Phan |
Publisher | Martinus Nijhoff Publishers |
Total Pages | 289 |
Release | 2012-02-03 |
Genre | Social Science |
ISBN | 9004222162 |
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.
The Prospects for a Regional Human Rights Mechanism in East Asia (RLE Modern East and South East Asia)
Title | The Prospects for a Regional Human Rights Mechanism in East Asia (RLE Modern East and South East Asia) PDF eBook |
Author | Hidetoshi Hashimoto |
Publisher | Routledge |
Total Pages | 268 |
Release | 2015-05-15 |
Genre | Social Science |
ISBN | 1317450914 |
Regional inter-governmental human rights organizations have been in operation for sometime in Europe, the Americas and Africa. These regional human rights mechanisms have proven to be useful and effective in comparison to the global human rights mechanisms available at the United Nations. The purpose of this study, first published in 2004, is to investigate the possibility of establishing a regional inter-governmental human rights mechanism in East Asia, with a focus on the contributions of nongovernmental organizations' (NGOs) to such a development.