A selective approach to establishing a human rights mechanism in Southeast Asia : the case for a Southeast Asian court of human rights

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書誌事項

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

（The Procedural aspects of international law series, v. 29）

Martinus Nijhoff Publishers, 2012

  • : hardback

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注記

Includes bibliographical references (p. [241]-258) and index

内容説明・目次

内容説明

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.

目次

  • Abstract
  • Acknowledgements
  • Foreword
  • List of Tables
  • Table of Authorities
  • List of Abbreviations
  • Chapter 1 - Introduction
  • I. Statement of Problem and Objectives of the Study
  • II. Plan of the Book and Statement of Methodology
  • III. How This Book Contributes to the Existing Literature
  • Chapter 2 - An Institutional Theory of Human Rights Protection
  • I. International Institutionalism in International Relations
  • II. The Influence of International Institutions on State Behavior
  • III. International Institutions and the Protection of Human Rights
  • IV. The Case for a Strong Regional Human Rights Mechanism
  • Chapter 3 - The Legal Framework of Human Rights Protection in Southeast Asia
  • I. Human Rights in Southeast Asia: Domestic Frameworks for Human Rights Protection II. Participation in the Global Human Rights Framework: Attitude Towards the International Human Rights System
  • III. Asean Human Rights Cooperation
  • Chapter 4 - The Case for a Strong AICHR: Difficulties and Challenges
  • I. The Evolution Towards the AICHR
  • II. The Asean Charter and the AICHR Terms of Reference: "A Mirror to Their Domestic Selves"
  • III. Non-Interference and the "Asean Way": The Principles Maintained
  • IV. Conclusions: States' Positions on Norm Changes: Differences Remained
  • Chapter 5 - A Selective Approach to Establishing a Strong Human Rights Mechanism in Southeast Asia: The Case for a Southeast Asian Court of Human Rights
  • I. A Selective Approach to Establishing a Southeast Asian Court of Human Rights
  • II. Existing Conditions to Translate the Idea of a Regional Human Rights Court into Reality
  • III. A Selective Approach to Establishing a Regional Court: Lessons From Other Regions
  • IV. Reactions From the Field: A Survey Report
  • V. Conclusion: Challenges and Prospect
  • Chapter 6 - Designing a Southeast Asian Court of Human Rights
  • I. Founding Treaty: Substantive Law vs. Procedural Law
  • II. Contentious Jurisdiction: The Issues of Accessibility and Admissibility
  • III. Advisory Jurisdiction: A Prospect of the Court's Influence on Non-Member States
  • IV. Composition: Judges of the Court
  • V. Structure and Procedure: Increasing the Court's Effectiveness
  • VI. Financial and Administrative Issues: Funding and Running the Court
  • VII. Enforcement: Executing the Court's Judgments
  • VIII. Conclusion: The Seachr in a Broader Context
  • Chapter 7 - Conclusion
  • I. Summary: The Prospect of an Asean Human Rights Body and the Case for a Southeast Asian Court of Human Rights: Inclusive vs. Selective Approach
  • II. Enhancing the Possibility of a Southeast Asian Court of Human Rights
  • III. Directions for Further Research
  • Bibliography.

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