Legal Responses to Ethnicity in South and Southeast Asia PDF Download

Author: Yash P. Ghai
Publisher:
ISBN:
Category : Ethnicity
Languages : en
Pages : 32

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Author: Mohd Azizuddin Mohd Sani
Publisher: Cambridge Scholars Publishing
ISBN: 1443821691
Category : Social Science
Languages : en
Pages : 225

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Book Description
Dr Mahathir Mohamad, former Prime Minister of Malaysia, said in the Far Eastern Economic Review, 28 October 1996: “The threat is from inside ... So we have to be armed, so to speak. Not with guns, but with the necessary laws to make sure the country remains stable.” He implied that ethnic conflict and political instability are inevitable in a multi-ethnic society unless protected by certain laws. Ethnic conflict is like a time bomb. The misuse of human rights for political ends and to exploit ethnic sentiments can spark ethnic conflict. In theory, the modern nation-state must achieve pluralism in its project of nation building. There are few nations in the world which consist of a single ethnic group. Yet, multi-ethnicity also seems to be a serious challenge to any system of government, especially in Southeast Asia, as it adds possibly deep-running cleavages to societies. Some groups are marginalized in the course of nation-building as a result of the nature of the relationship between nation and state. Arjun Appadurai stated that “the nation and the state have become one another’s project”: groups try to capture states and their power while states try to “monopolize about the nationhood.” There is always tension between the centre and the margin. The centre often consists of one ethnic group and marginalised minority groups are denied their right to equality. Sometimes horrible wars with thousands of victims commence as a consequence of such processes of ethnically-framed nation-building. Therefore, a democratic setting should be functionally superior; that is, in a better position to moderate the escalatory tendencies inherent in a multi-ethnic setting, thereby achieving less violence-prone conflict management, and its eventual resolution in Southeast Asia. This book is intended for anyone interested in the subject of ethnic relations and conflicts, especially politicians, policy makers, civil society activists, academia, and students of ethnic/race studies and Southeast Asian politics.

Author: Kusuma Snitwongse
Publisher: Institute of Southeast Asian Studies
ISBN: 9812303405
Category : Social Science
Languages : en
Pages : 187

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Potentially destabilizing ethnic conflicts continue to challenge nation-states worldwide: The countries of Southeast Asia are no exception. Globalization, population movements and historical and political fault-lines in a tremendously ethnically diverse region, coupled with continuing uneven access to economic development, have seen the resurgence of old conflicts or the flaring up of new ones. Along with violence and the loss of life and livelihood there are also longer-term cross-border impacts to consider in the form of refugees or displaced persons, illegal migrant labour, as well as drug and arms smuggling. Written by country experts, this volume examines ethnic configurations as well as conflict avoidance and resolution in five Southeast Asian countries: Indonesia, Malaysia, Myanmar, the Philippines and Thailand. Ethnic Conflicts in Southeast Asia is a resource for scholars, policy-makers, NGO personnel, analysts and others who wish to deepen their understanding of the region, or develop strategies to prevent, modulate and resolve such conflicts.

Author: National Research Council
Publisher: National Academies Press
ISBN: 0309092116
Category : Social Science
Languages : en
Pages : 753

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In their later years, Americans of different racial and ethnic backgrounds are not in equally good-or equally poor-health. There is wide variation, but on average older Whites are healthier than older Blacks and tend to outlive them. But Whites tend to be in poorer health than Hispanics and Asian Americans. This volume documents the differentials and considers possible explanations. Selection processes play a role: selective migration, for instance, or selective survival to advanced ages. Health differentials originate early in life, possibly even before birth, and are affected by events and experiences throughout the life course. Differences in socioeconomic status, risk behavior, social relations, and health care all play a role. Separate chapters consider the contribution of such factors and the biopsychosocial mechanisms that link them to health. This volume provides the empirical evidence for the research agenda provided in the separate report of the Panel on Race, Ethnicity, and Health in Later Life.

Author: Michelle Ann Miller
Publisher: Institute of Southeast Asian Studies
ISBN: 9814379972
Category : History
Languages : en
Pages : 344

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Armed separatist insurgencies have created a real dilemma for many national governments of how much freedom to grant aggrieved minorities without releasing territorial sovereignty over the nation-state. This book examines different approaches that have been taken by seven states in South and Southeast Asia to try and resolve this dilemma through various offers of autonomy. Providing new insights into the conditions under which autonomy arrangements exacerbate or alleviate the problem of armed separatism, this comprehensive book includes in-depth analysis of the circumstances that lead men and women to take up arms in an effort to remove themselves from the state's borders by creating their own independent polity.

Author: Christoph Antons
Publisher: Routledge
ISBN: 1351560700
Category : Law
Languages : en
Pages : 649

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The massive and complex process of change in East Asia over recent decades has brought about a transformation in the nature of law and legal institutions in the region. Whilst the process of change has to some degree mimicked western models of law and legal change, there have been significant differences in approach due to the different social foundations of East Asian societies. The more obvious of these has been the variety of ways in which rule of law ideas have been adopted in many East Asian countries where the role of the state is more dominant when compared with Western models. This volume brings together a selection of the most important writings on East Asia of researchers in recent years, and shows the broad range of questions which researchers have been addressing about the effect of law reform and legal change in societies dominated by traditional values and political forces, and at a time of massive economic change.

Author: Amy Chua
Publisher: Anchor
ISBN: 1400076374
Category : Political Science
Languages : en
Pages : 370

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The reigning consensus holds that the combination of free markets and democracy would transform the third world and sweep away the ethnic hatred and religious zealotry associated with underdevelopment. In this revelatory investigation of the true impact of globalization, Yale Law School professor Amy Chua explains why many developing countries are in fact consumed by ethnic violence after adopting free market democracy. Chua shows how in non-Western countries around the globe, free markets have concentrated starkly disproportionate wealth in the hands of a resented ethnic minority. These “market-dominant minorities” – Chinese in Southeast Asia, Croatians in the former Yugoslavia, whites in Latin America and South Africa, Indians in East Africa, Lebanese in West Africa, Jews in post-communist Russia – become objects of violent hatred. At the same time, democracy empowers the impoverished majority, unleashing ethnic demagoguery, confiscation, and sometimes genocidal revenge. She also argues that the United States has become the world’s most visible market-dominant minority, a fact that helps explain the rising tide of anti-Americanism around the world. Chua is a friend of globalization, but she urges us to find ways to spread its benefits and curb its most destructive aspects.

Author: Fernand de Varennes
Publisher: BRILL
ISBN: 9004479252
Category : Law
Languages : en
Pages : 552

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One of the most vexing issues in many of the world's so-called ethnic or minority conflicts is the question of language use by the State and its citizens. While international and national law has traditionally viewed language preference to be within a State's prerogative - at least when involving governmental activities and machinery - this position has proved to be a continuous source of acrimony and conflict, and wrong in some respects. Language, Minorities, and Human Rights is the most complete book ever written on the topic, providing for the first time an analysis of every aspect of language and the law. In addition to presenting a theoretical model for language's particular position and relevance in human rights, it constitutes an invaluable reference document by including the provisions of close to 100 international, multilateral and bilateral instruments involving language rights, as well as the constitutional provisions of 140 countries dealing with language. By addressing little explored areas such as the language rights of indigenous peoples, non-citizens and even the use of script, in addition to more traditional topics such as nationalism and language, freedom of expression and non-discrimination, Language, Minorities and Human Rights proposes a complete descriptive picture of language and human rights as well as proposing a number of suggestions on how to address and balance the many problems currently caused by the linguistic demands of various individuals and the interests of states in nation building.

Author: Kristin Henrard
Publisher: Cambridge University Press
ISBN: 0521864836
Category : Law
Languages : en
Pages : 475

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Have recent developments in international and European law resulted in an integrated and coherent system of minority protection?

Author: Nurfadzilah Yahaya
Publisher: Cornell University Press
ISBN: 1501750895
Category : Political Science
Languages : en
Pages : 266

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This wide-ranging, geographically ambitious book tells the story of the Arab diaspora within the context of British and Dutch colonialism, unpacking the community's ambiguous embrace of European colonial authority in Southeast Asia. In Fluid Jurisdictions, Nurfadzilah Yahaya looks at colonial legal infrastructure and discusses how it impacted, and was impacted by, Islam and ethnicity. But more important, she follows the actors who used this framework to advance their particular interests. Yahaya explains why Arab minorities in the region helped to fuel the entrenchment of European colonial legalities: their itinerant lives made institutional records necessary. Securely stored in centralized repositories, such records could be presented as evidence in legal disputes. To ensure accountability down the line, Arab merchants valued notarial attestation land deeds, inheritance papers, and marriage certificates by recognized state officials. Colonial subjects continually played one jurisdiction against another, sometimes preferring that colonial legal authorities administer Islamic law—even against fellow Muslims. Fluid Jurisdictions draws on lively material from multiple international archives to demonstrate the interplay between colonial projections of order and their realities, Arab navigation of legally plural systems in Southeast Asia and beyond, and the fraught and deeply human struggles that played out between family, religious, contract, and commercial legal orders.