A selective approach to establishing a human rights mechanism in Southeast Asia : the case for a Southeast Asian court of human rights / by Hao Duy Phan.
2012
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Details
Author
Title
A selective approach to establishing a human rights mechanism in Southeast Asia : the case for a Southeast Asian court of human rights / by Hao Duy Phan.
Imprint
Leiden ; Boston : Martinus Nijhoff Publishers, 2012.
Description
1 online resource (xxii, 261 pages).
Series
Procedural aspects of international law series ; 29.
Human Rights and Humanitarian Law E-Books Online, Collection 2012, ISBN ; 9789004223264.
Human Rights and Humanitarian Law E-Books Online, Collection 2012, ISBN ; 9789004223264.
Formatted Contents Note
Preliminary Material
Introduction
An Institutional Theory of Human Rights Protection
The Legal Framework of Human Rights Protection in Southeast Asia
The Case for a Strong Aichr: Difficulties and Challenges
A Selective Approach to Establishing A Strong Human Rights Mechanism in Southeast Asia: The Case for a Southeast Asian Court of Human Rights
Designing a Southeast Asian Court of Human Rights
Conclusion
Bibliography
Index.
Introduction
An Institutional Theory of Human Rights Protection
The Legal Framework of Human Rights Protection in Southeast Asia
The Case for a Strong Aichr: Difficulties and Challenges
A Selective Approach to Establishing A Strong Human Rights Mechanism in Southeast Asia: The Case for a Southeast Asian Court of Human Rights
Designing a Southeast Asian Court of Human Rights
Conclusion
Bibliography
Index.
Summary
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
www
Available in Other Form
Print version: Phan, Hao Duy. Selective approach to establishing a human rights mechanism in Southeast Asia. Leiden ; Boston : Martinus Nijhoff Publishers, 2012
Access Note
Available to subscribing member institutions only.
Linked Resources
Alternate Title
Brill Human Rights and Humanitarian Law E-Books Online
Language
English
ISBN
9789004222175 (electronic book)
9789004222168 (print)
9789004222168 (print)
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