The Universal Periodic Review Of Southeast Asia

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The Universal Periodic Review of Southeast Asia

Author : James Gomez,Robin Ramcharan
Publisher : Springer
Page : 229 pages
File Size : 54,7 Mb
Release : 2017-11-14
Category : Political Science
ISBN : 9789811062261

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The Universal Periodic Review of Southeast Asia by James Gomez,Robin Ramcharan Pdf

The research presented in this book provides a stakeholder analysis of human rights protection at a time when the region appears to be regressing into an insidious and deep authoritarianism. As political space shrinks in Southeast Asia, the book provides an insight into how civil society engaged with the Universal Periodic Review (UPR) of the United Nations Human Rights Council during the first (2008-2011) and second (2012-2016) cycles. Through evidence-based research, the authors in this volume identify gaps in human rights reporting and advocacy during the UPR, notably on civil and political issues such as the right to life, freedom of expression, freedom of religion and belief, extrajudicial killings, arbitrary detention and claims for greater autonomy. In short, The Universal Periodic Review of Southeast Asia: Civil Society Perspectives, highlights the need for more engagement on civil and political issues during the third cycle of the UPR in 2017-2020. Failing this, the UPR process risks being reduced to a platform where civil society only engages on issues that States are willing to cooperate on. If this is the case, Southeast Asia's democratic transition will suffer a long term set back.

National Human Rights Institutions in Southeast Asia

Author : James Gomez,Robin Ramcharan
Publisher : Springer Nature
Page : 312 pages
File Size : 47,7 Mb
Release : 2020-01-03
Category : Political Science
ISBN : 9789811510748

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National Human Rights Institutions in Southeast Asia by James Gomez,Robin Ramcharan Pdf

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.

Human Rights and the UN Universal Periodic Review Mechanism

Author : Damian Etone,Amna Nazir,Alice Storey
Publisher : Taylor & Francis
Page : 276 pages
File Size : 49,6 Mb
Release : 2024-02-27
Category : Law
ISBN : 9781003855873

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Human Rights and the UN Universal Periodic Review Mechanism by Damian Etone,Amna Nazir,Alice Storey Pdf

The Universal Periodic Review (UPR) is a peer-review mechanism, reviewing all 193 UN Member States’ protection and promotion of human rights. After ten years of the existence of the UPR mechanism, this collection examines the effectiveness of the UPR, theoretical and conceptual debates about its modus operandi, and the lessons that can be drawn across different regions/states to identify possible improvements. The book argues that despite its limitations, the UPR mechanism with its inclusive, cooperative, and collaborative framework, is an important human rights mechanism with the potential to evolve over time into an effective cooperative tool for monitoring human rights implementation. Divided into three parts, the first part focuses on exploring a variety of theoretical approaches to understanding the UPR mechanism. The second part examines specific human rights themes and the relationship between the UPR mechanism and other international mechanisms. Finally, the third part questions implementation and the ways in which states/regional groupings have engaged with the UPR mechanism and what lessons can be learned for the future. The volume will be a valuable resource for researchers, academics, and policymakers working in the area of international human rights law, international organizations, and international relations. We would like to acknowledge the UPR Academic Network (UPRAN) for bringing together the experts on this project and the University of Stirling for providing funds to facilitate open access dissemination for parts of this output.

Human Rights and the Universal Periodic Review

Author : Hilary Charlesworth,Emma Larking
Publisher : Cambridge University Press
Page : 315 pages
File Size : 52,5 Mb
Release : 2014
Category : Law
ISBN : 9781107086302

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Human Rights and the Universal Periodic Review by Hilary Charlesworth,Emma Larking Pdf

A sustained analysis of the Universal Periodic Review of human rights, focusing on its rituals and potential ritualism.

Marginalisation and Human Rights in Southeast Asia

Author : Al Khanif,Khoo Ying Hooi
Publisher : Taylor & Francis
Page : 230 pages
File Size : 51,9 Mb
Release : 2022-12-28
Category : Social Science
ISBN : 9781000810479

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Marginalisation and Human Rights in Southeast Asia by Al Khanif,Khoo Ying Hooi Pdf

This book analyses marginalisation and human rights in Southeast Asia and offers diverse approaches in understanding the nuances of marginalisation and human rights in the region. Throughout the region, a whole range of similarities and differences can be observed relating to the Southeast Asian experience of human rights violation, with each country maintaining particular aspects reflecting the variability of the use and abuse of political power. This book explores the distinct links between marginalisation and human rights for groups exposed to discrimination. It focuses on ethnic minorities, children, indigenous peoples, migrant workers, refugees, academics, and people with disabilities. This book highlights the disparities in attainment and opportunity of marginalised and minority groups in Southeast Asia to their rights. It examines how marginalisation is experienced, with case studies ranging from a regional approach to country context. Paying attention to how broader socio-economic and political structures affect different people’s access to, or denial of, their fundamental human rights and freedoms, the book argues that tackling human rights abuses remains a major hurdle for the countries in Southeast Asia. Providing a broader conceptual framework on marginalisation and human rights in Southeast Asia and a new assessment of these issues, this book will be of interest to readers in the fields of Asian Law, Human Rights in Asia, and Southeast Asian Studies, in particular Southeast Asian Politics.

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

Author : Hao Duy Phan
Publisher : Martinus Nijhoff Publishers
Page : 288 pages
File Size : 48,6 Mb
Release : 2012-02-03
Category : Law
ISBN : 9789004222175

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

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.

Southeast Asian Affairs 2015

Author : Daljit Singh
Publisher : Institute of Southeast Asian Studies
Page : 415 pages
File Size : 42,8 Mb
Release : 2015-05-19
Category : Political Science
ISBN : 9789814620581

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Southeast Asian Affairs 2015 by Daljit Singh Pdf

"Southeast Asian Affairs is the only one of its kind: a comprehensive annual review devoted to the international relations, politics, and economies of the region and its nation-states. The collected volumes of Southeast Asian Affairs have become a compendium documenting the dynamic evolution of regional and national developments in Southeast Asia from the end of the ‘second’ Vietnam War to the alarms and struggles of today. Over the years, the editors have drawn on the talents and expertise not only of ISEAS’ own professional research staff and visiting fellows, but have also reached out to tap leading scholars and analysts elsewhere in Southeast and East Asia, Australia and New Zealand, North America, and Europe. A full list of contributors over forty years reads like a kind of who’s who in Southeast Asian Studies. Regardless of specific events and outcomes in political, economic, and social developments in Southeast Asia’s future, we can expect future editions of Southeast Asian Affairs to continue to provide the expert analysis that has marked the publication since its founding. It has become an important contributor to the knowledge base of contemporary Southeast Asia." - Donald E. Weatherbee, Russell Distinguished Professor Emeritus, University of South Carolina

Queer Southeast Asia

Author : Shawna Tang,Hendri Yulius Wijaya
Publisher : Taylor & Francis
Page : 233 pages
File Size : 47,7 Mb
Release : 2022-11-22
Category : Social Science
ISBN : 9781000782950

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Queer Southeast Asia by Shawna Tang,Hendri Yulius Wijaya Pdf

Tang and Wijaya present a range of new and established scholarly voices, including local activists directly involved in developments in Southeast Asia. This groundbreaking collection presents the current state of play and longstanding LGBTQ+ debates in this often-overlooked region of Asia. The diversity of both the subject and the region is reflected in the broad scope of topics addressed, from the impact of Japanese queer popular culture on queer Filipinos, to the politics of public toilets in Singapore, and the impact of digital governance on queer communities across ASEAN. Taken in combination, these investigations not only highlight the operations of queer politics in Southeast Asia, but also present a concrete basis to reflect on queer knowledge production in the region. A vital resource for students and scholars of gender and sexuality in Southeast Asia, or any Queer or LGBTQ+ studies looking beyond the West.

The Politics of International Criminal Law

Author : Holly Cullen,Philipp Kastner,Sean Richmond
Publisher : BRILL
Page : 407 pages
File Size : 54,8 Mb
Release : 2020-12-15
Category : Law
ISBN : 9789004372498

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The Politics of International Criminal Law by Holly Cullen,Philipp Kastner,Sean Richmond Pdf

The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.

Asia and the Drafting of the Universal Declaration of Human Rights

Author : Robin Ramcharan,Bertrand Ramcharan
Publisher : Springer
Page : 255 pages
File Size : 53,8 Mb
Release : 2018-11-19
Category : Political Science
ISBN : 9789811321047

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Asia and the Drafting of the Universal Declaration of Human Rights by Robin Ramcharan,Bertrand Ramcharan Pdf

This is the first book that explicitly outlines Asian contributions to the elaboration of universal human rights values that were proclaimed in the Universal Declaration of Human Rights of 1948. Evidence of Asia’s contribution from the historical records of the Commission on Human Rights (1946 to 1948) profoundly refutes any remnants of the relativist ‘Asian values’ discourse. Asians shaped the ‘new humanism’ of the UDHR and the universal values that they also brought to bear on the drafting of this document. The book brings this evidence into focus in order to enter them into contemporary human rights discourse in Asia. The book coincides with the 70th anniversary (2018) of the UDHR and contributes to the ongoing global dialogue between states and societies in the development of human rights norms. At this time, the elucidation of the Asian contribution in this work is part of this dialogue.

The Responsibility to Provide in Southeast Asia

Author : Tan, See Seng
Publisher : Bristol University Press
Page : 282 pages
File Size : 47,8 Mb
Release : 2019-11-13
Category : Political Science
ISBN : 9781529200720

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The Responsibility to Provide in Southeast Asia by Tan, See Seng Pdf

Despite the long-held and jealously guarded ASEAN principle of non-intervention, this book argues that states in Southeast Asia have begun to display an increasing readiness to think about sovereignty in terms not only of state responsibility to their own populations but also towards neighbouring countries as well. Taking account of the realities of interstate cooperation in the region, and drawing on the work of Emmanuel Levinas, the author develops a new theoretical framework reflecting an evolution of attitudes about state sovereignty to explain this emerging ethic of regional responsibility.

The Protection of Refugees in Southeast Asia

Author : Sébastien Moretti
Publisher : Routledge
Page : 258 pages
File Size : 45,8 Mb
Release : 2022-02-15
Category : Social Science
ISBN : 9781000543735

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The Protection of Refugees in Southeast Asia by Sébastien Moretti Pdf

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.

The Politics of Accountability in Southeast Asia

Author : Garry Rodan,Caroline Hughes
Publisher : Oxford University Press
Page : 257 pages
File Size : 48,8 Mb
Release : 2014
Category : Political Science
ISBN : 9780198703532

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The Politics of Accountability in Southeast Asia by Garry Rodan,Caroline Hughes Pdf

This book examines different ideologies and related political coalitions forming the bases of movements for accountability reform in Southeast Asia.

Politics and Constitutions in Southeast Asia

Author : Marco Bünte,Björn Dressel
Publisher : Routledge
Page : 360 pages
File Size : 53,6 Mb
Release : 2016-07-15
Category : Law
ISBN : 9781317537663

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Politics and Constitutions in Southeast Asia by Marco Bünte,Björn Dressel Pdf

In recent years the constitutional landscape of Southeast Asia has changed tremendously. Against a worldwide background of liberalization, globalization, and democratization, states in the region have begun to alter their constitutions, reinforcing human rights provisions, and putting in place institutional safeguards, such as constitutional courts and human rights commissions. On closer examination, however, the picture is very complex, with constitutional developments differing greatly between states. This book explores a range of current constitutional developments in the different states of Southeast Asia through a distinct political lens. Drawing on comparative and single case studies, it considers various constitutional areas, including constitution drafting, human rights, legal safeguards and the continuing role of the military, sets constitutional developments in the wider political and historical context of each country, and makes comparisons both with Western democracies and with other developing regions. The book concludes by assessing overall how far constitutional practices and trajectories are converging towards a liberal Western model or towards a distinctly Southeast Asian model.

The Theory, Practice and Interpretation of Customary International Law

Author : Panos Merkouris,Jörg Kammerhofer,Noora Arajärvi
Publisher : Cambridge University Press
Page : 647 pages
File Size : 51,6 Mb
Release : 2022-05-26
Category : Law
ISBN : 9781316516898

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The Theory, Practice and Interpretation of Customary International Law by Panos Merkouris,Jörg Kammerhofer,Noora Arajärvi Pdf

Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.