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Author : Alison Duxbury,Hsien-Li Tan
Publisher : Cambridge University Press
Page : 431 pages
File Size : 51,9 Mb
Release : 2019-03-28
Category : Law
ISBN : 9781108465908
Critically examines ASEAN's human rights system in the context of Southeast Asian political-legal developments and the global human rights discourse
Author : Hsien-Li Tan
Publisher : Cambridge University Press
Page : 323 pages
File Size : 45,9 Mb
Release : 2011-07-07
Category : Political Science
ISBN : 9781139504690
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 : Hao Duy Phan
Publisher : Martinus Nijhoff Publishers
Page : 288 pages
File Size : 53,9 Mb
Release : 2012-02-03
Category : Law
ISBN : 9789004222175
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 : Robert Beckman
Publisher : Cambridge University Press
Page : 327 pages
File Size : 54,6 Mb
Release : 2016-05-19
Category : Law
ISBN : 9781316507827
The first comprehensive and systematic analysis of ASEAN's dispute settlement and monitoring mechanisms as a means to better compliance.
Author : Kevin Yl Tan,David Cohen,Aviva Nabahan
Publisher : World Scientific
Page : 296 pages
File Size : 51,7 Mb
Release : 2021-01-26
Category : Political Science
ISBN : 9789811229510
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.
Author : Pasha L. Hsieh,Bryan Mercurio
Publisher : Cambridge University Press
Page : 450 pages
File Size : 45,9 Mb
Release : 2020-11-05
Category : Law
ISBN : 1108949290
The fast-growing last decade of strong economic growth of the Association of Southeast Asian Nations (ASEAN) has played a critical role in Asia-Pacific regionalism and global trade. This book explores the concept of ASEAN law under the normative framework of the new regional economic order. It examines the roadmap of the new ASEAN Economic Community Blueprint 2025 by evaluating the impact of ASEAN trade agreements on domestic legislation on professional services, financial integration, investment disputes and digital trade. More importantly, it sheds light on the legal implications of ASEAN's agreements with China and India and the potential developments of mega-regional trade agreements such as the CPTPP and the RCEP. Hence, the legal analysis and case studies in the book offer a fresh view of Asia-Pacific integration and bridge the gap between academia and practice.
Author : Konstantinos D. Magliveras,Gino J. Naldi
Publisher : Kluwer Law International B.V.
Page : 199 pages
File Size : 40,5 Mb
Release : 2021-12-21
Category : Law
ISBN : 9789403539805
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of Association of Southeast Asian Nations (ASEAN) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of Association of Southeast Asian Nations (ASEAN) for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.
Author : Marie E. Gispen,Brigit Toebes
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 49,9 Mb
Release : 2020-08-28
Category : Law
ISBN : 9781788974820
Large-scale adverse health and developmental outcomes related to tobacco affect millions of people across the world, raising serious questions from a human rights perspective. In response to this crisis, this timely book provides a comprehensive analysis of the promotion and enforcement of human rights protection in tobacco control law and policy at international, regional, and domestic levels.
Author : Frederick Cowell
Publisher : University of Pennsylvania Press
Page : 329 pages
File Size : 40,7 Mb
Release : 2022-10-25
Category : Law
ISBN : 9781512823325
Defensive Relativism describes how governments around the world use cultural relativism in legal argument to oppose international human rights law. Defensive relativist arguments appear in international courts, at the committees established by human rights treaties, and at the United Nations Human Rights Council. The aim of defensive relativist arguments is to exempt a state from having to apply international human rights law, or to stop international human rights law evolving, because it would interfere with cultural traditions the state deems important. It is an everyday occurrence in international human rights law and defensive relativist arguments can be used by various types of states. The end goal of defensive relativism is to allow a state to appear human rights compliant while at the same time not implementing international human rights law. Drawing on a range of materials, such as state reports on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and cases from the European Court of Human Rights involving freedom of religion, this book provides a definitive survey of defensive relativism. Crucially, Frederick Cowell argues, defensive relativism is not about alternative practices of human rights law, or debates about the origins or legitimacy of human rights as a concept. Defensive relativism is instead a variety of tactical argument used by states to justify ignoring international human rights law. Yet, as Cowell concludes, defensive relativism can’t be removed from the law, as it is a reflection of unresolved tensions about the nature of what it means for rights to be universal.
Author : Marx, Axel,Van Calster, Geert,Wouters, Jan,Otteburn, Kari,Lica, Diana
Publisher : Edward Elgar Publishing
Page : 432 pages
File Size : 40,5 Mb
Release : 2022-03-10
Category : Law
ISBN : 9781788979832
This essential Research Handbook provides a comprehensive and critical assessment of the global governance instruments related to business and human rights from an interdisciplinary perspective. Contributions from a diverse range of leading international scholars offer an overview of the existing literature and rapidly-evolving research discipline, as well as identifying key trends and outlining an ambitious future research agenda.
Author : Jamie D. Stacey
Publisher : Routledge
Page : 326 pages
File Size : 50,9 Mb
Release : 2020-09-07
Category : Political Science
ISBN : 9781000178050
This book analyses the Association of Southeast Asian Nations (ASEAN) as a powerful actor in International Relations by examining how the ASEAN community has evolved, looking specifically at its relationship with the EU with regards to human rights. The book adds to important contemporary debates within constructivist theory, shedding light on the need for ‘critical’ constructivism that emphasises language and contestation and what that may entail. On an empirical level, it challenges the idea of an 'EU-centrism,' demonstrating how ASEAN is the major driving force behind its human rights and community aspirations, as well as within the ASEAN-EU relationship. Furthermore, this book engages with the introspection surrounding constructivism by addressing the trouble with 'norms,' and instead unpacking the relationship between ASEAN and the EU to show language power in play. In particular, the book looks at how language, or rather coercive language, helps us ‘see’ contestation in action, something that researchers sympathetic towards the idea of ASEAN’s ‘resistance’ have been unable to show through a focus on norms. Tracing the evolution of the ASEAN community and human rights aspirations in a new light, showing how exactly the EU remains an inspiration, but not a model, and more interestingly how ASEAN demonstrates power in the relationship, the book will be of interest to academics working on Asian Studies, European Studies, International Relations Theory and human rights.
Author : Ilias Bantekas,Lutz Oette
Publisher : Cambridge University Press
Page : 1033 pages
File Size : 42,9 Mb
Release : 2024-02-15
Category : Law
ISBN : 9781009306386
Now in its fourth edition, this well-respected textbook blends the theory of human rights with its context, debates and practice.
Author : Anthony J. Langlois
Publisher : Cambridge University Press
Page : 228 pages
File Size : 53,6 Mb
Release : 2001-10-15
Category : Law
ISBN : 0521003474
The Asian Values Discourse
Author : Human Rights Watch
Publisher : Seven Stories Press
Page : 957 pages
File Size : 50,7 Mb
Release : 2019-02-05
Category : Political Science
ISBN : 9781609808853
The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.
Author : Aksel Tømte,Eko Riyadi
Publisher : Taylor & Francis
Page : 196 pages
File Size : 46,9 Mb
Release : 2024-04-29
Category : Law
ISBN : 9781040022825
This book addresses the technicalities of how international human rights law can be applied at the domestic level through a case study of the human rights methodology of the Indonesian judiciary. Numerous international human rights treaties have been ratified by States parties all around the world. However, local implementation has proven a difficult task for national authorities with every State struggling to realize rights to varying degrees. This reveals a gap between the standards of human rights as envisaged by the law and those experienced by rights holders at the local level. This work analyses how Indonesian courts interpret and apply human rights. It discusses the position of human rights within specific areas of Indonesian law: constitutional law, criminal law and private law. It analyses how courts have dealt with specific cases within these fields of law. Its key contribution lies in its detailed attention to the role of the Indonesian judiciary in implementing human rights, as well as to the influence of international law, and the role that actors other than the judiciary play in this process. It also incorporates international comparative perspectives. The book will be of particular interest to human rights scholars concerned with national judiciaries’ role in human rights implementation, and to scholars, judges, civil society actors and legal practitioners working with law and human rights in Indonesia.
