Regionalizing Global Human Rights Norms in Southeast Asia

Regionalizing Global Human Rights Norms in Southeast Asia PDF

Author: Dwi Ardhanariswari Sundrijo

Publisher: Springer Nature

Published: 2020-10-10

Total Pages: 234

ISBN-13: 3030547981

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This book explains how the ASEAN regional human rights body (AICHR) was created and why it functioned with a promotional rather than protection mandate. It does this by positioning itself within a sizable literature on norm diffusion, and introduces the concept of “Norm Interpreters” to explain what happens when global human rights norms are adopted/adapted within a local context, particularly highlighting the role of a group of individuals in the process. In this respect it adds to the International Relations literature on norm diffusion and the Southeast Asian region specific literature on ASEAN regionalism and AICHR.

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

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

Author: Hao Duy Phan

Publisher: Martinus Nijhoff Publishers

Published: 2012-02-03

Total Pages: 289

ISBN-13: 9004222162

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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.

Business and Human Rights in Southeast Asia

Business and Human Rights in Southeast Asia PDF

Author: Mahdev Mohan

Publisher: Routledge

Published: 2014-09-25

Total Pages: 315

ISBN-13: 1317964314

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Business and human rights has emerged as a distinct field within the corporate governance movement. The endorsement by the United Nations Human Rights Council of a new set of Guiding Principles for Business and Human Rights in 2011 reinforces the State’s duty to protect against human rights abuses by third parties, including business; the corporate responsibility to respect human rights; and greater access by victims to effective remedy, both judicial and non-judicial. This book draws on the UN Guiding Principles and recent national plans of action, to provide an overview of relevant developments within the ASEAN region. Bridging theory and practice, the editors have positioned this book at the intersection of human rights risk and its regulation. Chapter authors discuss the implications of key case-studies undertaken across the region and various sectors, with a particular focus on extractive industries, the environment, and infrastructure projects. Topics covered include: due diligence and the role of audits; businesses’ responsibilities to women and children; and the mitigation of human rights risks in the region's emerging markets. The book sheds light on how stakeholders currently approach business and human rights, and explores how the role of ASEAN States, and that of the institution itself, may be strengthened. In doing so, the book identifies critical challenges and opportunities that lie ahead for the region in relation to business and human rights. This book will be of excellent use and interest to scholars, practitioners and students of human rights, business and company law, international law, and corporate governance.

The Palgrave Handbook of Political Norms in Southeast Asia

The Palgrave Handbook of Political Norms in Southeast Asia PDF

Author: Gabriel Facal

Publisher: Springer Nature

Published: 2024

Total Pages: 635

ISBN-13: 9819996554

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“The Palgrave Handbook of Political Norms in Southeast Asia offers a fresh and insightful analysis of the dynamics of political change ongoing in the region. The collection brings together a set of highly expert authors from inside and outside the region, who offer a deep understanding of the region’s history and politics, providing a stimulating and colourful take on the region’s contemporary political movements. The Handbook will be invaluable to both longstanding observers of the region and to newcomers seeking to understand both the diversity and complexity of Southeast Asian politics, and its regional distinctiveness.” —Professor Caroline Hughes, University of Notre Dame, U.S.A “A sophisticated and compelling argument about how to conceive and explain political norms and dynamics. Insights from various social sciences expose complex power relationships involving competing interests promoting norms within, across, and in articulation with, Southeast Asia. Conflicts and contradictions are thus brought out of shadows and into light, posing a formidable theoretical challenge to influential orthodoxies. An outstanding collection.” —Emeritus Professor Garry Rodan, Murdoch University, Australia This open access handbook aims to constitute a reference point on political norm dynamics in Southeast Asia, by bringing together the array of normative repertoires that frame the possibilities for citizens to participate in, set agendas for, make decisions in, and contest, not only electoral and institutional politics but also informal and imaginary political spaces. It sheds light on intersecting political and social transformations and their consequences from the vantage point of political norms. While chapters lay out and analyse how political norms across Southeast Asia have been shaped in successive historical phases, the core of the handbook addresses current dynamics involved in defining and transforming political norms. Gabriel Facal is Deputy Director of the Research Institute on Contemporary Southeast Asia (IRASEC), Bangkok, Thailand. Elsa Lafaye de Micheaux is Professor in Political Economy at the Institut National des Langues et Civilisations Orientales (INALCO), Paris, France. Astrid Norén-Nilsson is a Senior Lecturer in the Study of Contemporary Southeast Asia at the Centre for East and South-East Asian Studies, Lund University, Sweden.

National Human Rights Institutions in Southeast Asia

National Human Rights Institutions in Southeast Asia PDF

Author: James Gomez

Publisher: Springer Nature

Published: 2020-01-03

Total Pages: 312

ISBN-13: 9811510741

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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.

Democracy, Rights and Rhetoric in Southeast Asia

Democracy, Rights and Rhetoric in Southeast Asia PDF

Author: Avery Poole

Publisher: Springer

Published: 2019-04-23

Total Pages: 83

ISBN-13: 3030155226

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Southeast Asia is a vast, populous and diverse region. The Association of Southeast Asian Nations (ASEAN) promotes democracy and human rights as central to regional order and cooperation, but most members are not democratic and have poor or questionable human rights records. This book explores why Southeast Asian countries have collectively adopted the rhetoric of democracy and human rights, and argues that they are motivated by their concerns about external regional legitimacy. It analyses ASEAN’s references to democracy and the reality of backsliding in several countries; examines the adoption of human rights rhetoric; and considers the implications for how we understand regional cooperation. The book is relevant for students and analysts who are interested in regionalism in Southeast Asia and elsewhere – particularly given growing global concerns about liberal democracy and the gaps between rhetoric and political realities.

Business and Human Rights in Asia

Business and Human Rights in Asia PDF

Author: James Gomez

Publisher: Palgrave Macmillan

Published: 2022-02-05

Total Pages: 272

ISBN-13: 9789811572753

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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.

Asian Yearbook of International Law, Volume 26 (2020)

Asian Yearbook of International Law, Volume 26 (2020) PDF

Author:

Publisher: BRILL

Published: 2023-01-23

Total Pages: 398

ISBN-13: 9004530975

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Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and international relations.

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