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

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004222170
Total Pages : 288 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia by : Hao Duy Phan

Download or read book A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia written by Hao Duy Phan and published by Martinus Nijhoff Publishers. This book was released on 2012-02-03 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Cambridge University Press
ISBN 13 : 113950469X
Total Pages : 323 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis The ASEAN Intergovernmental Commission on Human Rights by : Hsien-Li Tan

Download or read book The ASEAN Intergovernmental Commission on Human Rights written by Hsien-Li Tan and published by Cambridge University Press. This book was released on 2011-07-07 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Routledge
ISBN 13 : 1136717099
Total Pages : 286 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Human Rights in the Asia-Pacific Region by : Hitoshi Nasu

Download or read book Human Rights in the Asia-Pacific Region written by Hitoshi Nasu and published by Routledge. This book was released on 2011-05-23 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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, the book focuses on the systemic issue of institutionalising 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. The collection provides a range of perspectives on the issues and many of the chapters bring a variety of interdisciplinary insights to bear. As such, the collection will be of interest to a scholarly and student audience in law, as well as to readers in international relations, political science, Asian studies, and human rights"--

Emerging Regional Human Rights Systems in Asia

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107015340
Total Pages : 347 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Emerging Regional Human Rights Systems in Asia by : Tae-Ung Baik

Download or read book Emerging Regional Human Rights Systems in Asia written by Tae-Ung Baik and published by Cambridge University Press. This book was released on 2012-11 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the emerging human rights norms, regional institutions and enforcement mechanisms in Asia.

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

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004222162
Total Pages : 289 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia by : Hao Duy Phan

Download or read book A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia written by Hao Duy Phan and published by Martinus Nijhoff Publishers. This book was released on 2012-02-03 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)

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Author :
Publisher : Routledge
ISBN 13 : 1317450914
Total Pages : 268 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis The Prospects for a Regional Human Rights Mechanism in East Asia (RLE Modern East and South East Asia) by : Hidetoshi Hashimoto

Download or read book The Prospects for a Regional Human Rights Mechanism in East Asia (RLE Modern East and South East Asia) written by Hidetoshi Hashimoto and published by Routledge. This book was released on 2015-05-15 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Asean Charter

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Author :
Publisher :
ISBN 13 :
Total Pages : 64 pages
Book Rating : 4.:/5 (9 download)

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Book Synopsis The Asean Charter by : ASEAN.

Download or read book The Asean Charter written by ASEAN. and published by . This book was released on 2008 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:

National Human Rights Institutions in Southeast Asia

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Author :
Publisher : Palgrave Macmillan
ISBN 13 : 9789811510731
Total Pages : 0 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis National Human Rights Institutions in Southeast Asia by : James Gomez

Download or read book National Human Rights Institutions in Southeast Asia written by James Gomez and published by Palgrave Macmillan. This book was released on 2020-01-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

50 Years Of Asean And Singapore

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Author :
Publisher : World Scientific
ISBN 13 : 9813225149
Total Pages : 444 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis 50 Years Of Asean And Singapore by : Koh Tommy

Download or read book 50 Years Of Asean And Singapore written by Koh Tommy and published by World Scientific. This book was released on 2017-08-15 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Contents: Foundational Documents of ASEANASEAN's ChallengesASEAN's Landmark AchievementsASEAN's External RelationsMaking of the ASEAN CharterASEAN and Civil SocietySingaporeans in ASEANPost-Charter ASEANASEAN's Future Readership: Academics, scholars, diplomats & civil society interested in ASEAN and Singapore. Keywords: ASEAN;Singapore;Regional GroupsReview:0

Can ASEAN Take Human Rights Seriously?

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Publisher : Cambridge University Press
ISBN 13 : 1108465900
Total Pages : 431 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Can ASEAN Take Human Rights Seriously? by : Alison Duxbury

Download or read book Can ASEAN Take Human Rights Seriously? written by Alison Duxbury and published by Cambridge University Press. This book was released on 2019-03-28 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critically examines ASEAN's human rights system in the context of Southeast Asian political-legal developments and the global human rights discourse

An Evolving ASEAN

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Author :
Publisher : Asian Development Bank
ISBN 13 : 9292616951
Total Pages : 178 pages
Book Rating : 4.2/5 (926 download)

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Book Synopsis An Evolving ASEAN by : Jayant Menon

Download or read book An Evolving ASEAN written by Jayant Menon and published by Asian Development Bank. This book was released on 2019-09-01 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: The formation of the Association of Southeast Asian Nations (ASEAN) in 1967 was originally driven by political and security concerns. In the decades that followed, ASEAN's scope evolved to include an ambitious and progressive economic agenda. In December 2015, the ASEAN Economic Community (AEC) was formally launched. Although AEC has enjoyed some notable successes, the vision of economic integration is yet to be fully realized. This publication reviews the evolution of ASEAN economic integration and assesses the major achievements. It also examines the challenges that emerged during the past decade and provides recommendations on how to overcome them.

National Human Rights Institutions in Southeast Asia

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Author :
Publisher : Springer Nature
ISBN 13 : 9811510741
Total Pages : 312 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis National Human Rights Institutions in Southeast Asia by : James Gomez

Download or read book National Human Rights Institutions in Southeast Asia written by James Gomez and published by Springer Nature. This book was released on 2020-01-03 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The ASEAN Charter

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Author :
Publisher : NUS Press
ISBN 13 : 9971698676
Total Pages : 308 pages
Book Rating : 4.9/5 (716 download)

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Book Synopsis The ASEAN Charter by : Walter Woon

Download or read book The ASEAN Charter written by Walter Woon and published by NUS Press. This book was released on 2015-09-22 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

ASEAN 2030

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Author :
Publisher : Brookings Institution Press
ISBN 13 : 4899740522
Total Pages : 340 pages
Book Rating : 4.8/5 (997 download)

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Book Synopsis ASEAN 2030 by : ADBI

Download or read book ASEAN 2030 written by ADBI and published by Brookings Institution Press. This book was released on 2016-03-08 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates long-term development issues for members of the Association of Southeast Asian Nations (ASEAN). It finds that with the proper policy mix—including domestic structural reforms and bold initiatives for regional integration—ASEAN has the potential to reach by 2030 the average quality of life enjoyed today in advanced economies and to fulfill its aspirations to become a resilient, inclusive, competitive, and harmonious (RICH) region. Key challenges moving forward are to enhance macroeconomic and financial stability, support equitable growth, promote competitiveness and innovation, and protect the environment. Overcoming these challenges to build a truly borderless economic region implies eliminating remaining barriers to the flow of goods, services, and production factors; strengthening competitiveness and the institutional framework; and updating some governing principles. But ASEAN should not merely copy the European Union. It must maintain its flexibility and pragmatism without creating a bloated regional bureaucracy. The study’s main message is that through closer integration, ASEAN can form a partnership for achieving shared prosperity in the region and around the globe.

Challenges of Governance

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Author :
Publisher : Springer Nature
ISBN 13 : 3030590542
Total Pages : 277 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Challenges of Governance by : Ronald L. Holzhacker

Download or read book Challenges of Governance written by Ronald L. Holzhacker and published by Springer Nature. This book was released on 2021-01-05 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constructing a Security Community in Southeast Asia

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Author :
Publisher : Psychology Press
ISBN 13 : 0415157625
Total Pages : 258 pages
Book Rating : 4.4/5 (151 download)

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Book Synopsis Constructing a Security Community in Southeast Asia by : Amitav Acharya

Download or read book Constructing a Security Community in Southeast Asia written by Amitav Acharya and published by Psychology Press. This book was released on 2001 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Protection of Refugees in Southeast Asia

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Author :
Publisher : Routledge
ISBN 13 : 1000543730
Total Pages : 258 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis The Protection of Refugees in Southeast Asia by : Sébastien Moretti

Download or read book The Protection of Refugees in Southeast Asia written by Sébastien Moretti and published by Routledge. This book was released on 2022-02-15 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.