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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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ISBN13: 9789004222168
Published: February 2012
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £103.00

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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 morelimited. 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.

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Other Jurisdictions , Asia
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