Global constitutionalism and multi-layered protection of human rights : exploring the possibility of establishing a regional human rights mechanism in Asia PDF Download

Author:
Publisher:
ISBN: 9788949942322
Category :
Languages : en
Pages : 668

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Author: Tae-Ung Baik
Publisher: Cambridge University Press
ISBN: 1107015340
Category : Law
Languages : en
Pages : 347

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Analyses the emerging human rights norms, regional institutions and enforcement mechanisms in Asia.

Author: Hitoshi Nasu
Publisher: Routledge
ISBN: 1136717080
Category : Law
Languages : en
Pages : 324

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The Asia-Pacific is known for having the least developed regional mechanisms for protecting human rights. This edited collection makes a timely and distinctive contribution to contemporary debates about building institutions for human rights protection in the Asia-Pacific region, in the wake of ASEAN’s establishment in 2009 of a sub-regional human rights commission. 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 human rights institutions in the region, challenging the orthodox scepticism about whether the Asia-Pacific is "ready" for stronger human rights institutions and exploring the variety of possible forms that regional and sub-regional institutions might take. The volume also analyses the impediments to new institutions, whilst questioning the justifications for them. The collection provides a range of perspectives on the issues and many of the chapters bring interdisciplinary insights to bear. As such, the collection will be of interest to scholarly, practitioner, and student audiences in law, as well as to readers in international relations, political science, Asian studies, and human rights.

Author: Hao Duy Phan
Publisher: Martinus Nijhoff Publishers
ISBN: 9004222170
Category : Law
Languages : en
Pages : 288

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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: Hidetoshi Hashimoto
Publisher: Routledge
ISBN: 1317450914
Category : Social Science
Languages : en
Pages : 268

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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.

Author: James Gomez
Publisher: Springer Nature
ISBN: 9811510741
Category : Political Science
Languages : en
Pages : 312

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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: Ekaterina Yahyaoui Krivenko
Publisher: Cambridge University Press
ISBN: 1108509223
Category : Law
Languages : en
Pages : 181

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Are human rights really a building block of global constitutionalism? Does global constitutionalism have any future in the theory and practice of international law and global governance? This book critically examines these key questions by focusing on the mechanisms utilised by global constitutionalism whilst comparing the historical functioning of constitutional rights in national systems. Yahyaoui Krivenko provides new insights into the workings of human rights and associated notions, such as the state, the political, and the individual, by demonstrating that human rights are antithetical to global constitutionalism and encouraging new discussions on the meaning of global constitutionalism and human rights. Drawing on the interdisciplinary works of such thinkers as Agamben, Luhmann, Bourdieu, Deleuze and Guattari, this book also considers practical examples from historical experience of ancient Greek and early Islamic societies. It will appeal to scholars interested in human rights, international law and critical legal theory.

Author: Lawrence W. Beer
Publisher: Global Oriental
ISBN: 9004213031
Category : Law
Languages : en
Pages : 320

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Book Description
Less noticed in the West than wars, terrorism and economic trends has been the historic development since World War II of constitutional government and law in Asia. Lawrence W. Beer has been a close observer of Asian linkages among law, politics, culture, and national security issues for over fifty years. His perspectives have been refined during long residence in Asia, especially Japan, by substantial friendly interactions with Asian legal scholars, judges and attorneys involved in the world of human rights constitutional law. This volume, which will be widely welcomed by students and researchers, brings together a selection of Beer’s many works previously published in diverse venue, but no longer easily accessible. The collection opens with a review of constitutionalism in Asia and the United States and concludes with a recent examination of Japan’s rejection of war: ‘Japan’s Constitutional Discourse and Performance’. By way of Afterword, the author offers an in-depth review of ‘Globalization of Human Rights in the 21st Century’.

Author: James Gomez
Publisher: Springer Nature
ISBN: 9811572739
Category : Political Science
Languages : en
Pages : 285

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This book examines the State’s duty to protect human rights in Asia amidst rising concern over the human rights impact of business organisations in the region, a topic which has hitherto been understudied. It analyses a range of inter-connected issues: the advent of international standards, the UN Guiding Principles on Business and Human Rights, the challenges inherent in the formulation of National Action Plans on business and human rights, the need for improved legislation and policies, access to remedies, and conflicts with indigenous peoples over business activities. The book also covers innovative themes such as BHR in the era of smart cities, ethical consumer behavior, and a human rights management system, which are emerging areas of enquiry in this field concluding with a range of critical issues to be addressed, including the need for an assessment of COVID-19 pandemic’s impact on BHR in Asia and beyond. This book is part of Asia Centre’s exploration of the nascent regional human rights architecture that is facing significant obstacles in protecting human rights and showcases the progress achieved and the ongoing challenges across Asia.

Author: Paul Close
Publisher: Routledge
ISBN:
Category : Law
Languages : en
Pages : 248

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Book Description
This volume focuses on key issues and developments in human rights. It is based around an examination of the links between the evolving global human rights regime (GHRR) and the character and course of human rights in the world's most dynamic, complex and problematic region, that of the Asia Pacific.