Human Rights And Asean: Indonesian And International Perspectives

Human Rights And Asean: Indonesian And International Perspectives

Author: Kevin Yl Tan

Publisher: World Scientific

Published: 2021-01-26

Total Pages: 296

ISBN-13: 9811229511

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Human Rights in ASEAN: Indonesian and International Perspectives is a collection of 13 essays that not only offers fresh new insights on the different facets of human rights and their protection in ASEAN, but also 'insider' accounts of the development of the ASEAN Inter-Governmental Commission for Human Rights. These valuable perspectives have never been shared publicly, and offer a view from both the state and non-governmental organisations' (NGO) perspectives. In addition to these valuable perspectives, this book offers a number of significant case studies of how human rights has been implemented, and the challenges it faces in ASEAN in general, and in Indonesia particularly.


Indonesian Civil Society and Human Rights Advocacy in ASEAN

Indonesian Civil Society and Human Rights Advocacy in ASEAN

Author: Randy W. Nandyatama

Publisher: Palgrave Macmillan

Published: 2022-08-15

Total Pages: 0

ISBN-13: 9789811630958

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This book focuses on how Indonesian civil society organisations interact with ASEAN to shape human rights institutionalisation in the region. Using Bourdieu-inspired constructivist IR as an analytical lens, the book argues that there are pre-reflexive norms that dominate the field of interaction in the region that shape the way civil society organisations operate. This has resulted in the diverging advocacy practices, thus complicating human rights institutionalisation process in ASEAN.


International Human Rights and Local Courts

International Human Rights and Local Courts

Author: Aksel Tømte

Publisher: Taylor & Francis

Published: 2024-04-29

Total Pages: 196

ISBN-13: 1040022820

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This book addresses the technicalities of how international human rights law can be applied at the domestic level through a case study of the human rights methodology of the Indonesian judiciary. Numerous international human rights treaties have been ratified by States parties all around the world. However, local implementation has proven a difficult task for national authorities with every State struggling to realize rights to varying degrees. This reveals a gap between the standards of human rights as envisaged by the law and those experienced by rights holders at the local level. This work analyses how Indonesian courts interpret and apply human rights. It discusses the position of human rights within specific areas of Indonesian law: constitutional law, criminal law and private law. It analyses how courts have dealt with specific cases within these fields of law. Its key contribution lies in its detailed attention to the role of the Indonesian judiciary in implementing human rights, as well as to the influence of international law, and the role that actors other than the judiciary play in this process. It also incorporates international comparative perspectives. The book will be of particular interest to human rights scholars concerned with national judiciaries’ role in human rights implementation, and to scholars, judges, civil society actors and legal practitioners working with law and human rights in Indonesia.


The Indonesian Way

The Indonesian Way

Author: Jürgen Rüland

Publisher: Stanford University Press

Published: 2017-12-12

Total Pages: 271

ISBN-13: 1503604543

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On December 31, 2015, the ten-member Association of Southeast Asian Nations (ASEAN) ushered in a new era with the founding of the ASEAN Community (AC). The culmination of 12 years of intensive preparation, the AC was both a historic initiative and an unprecedented step toward the area's regional integration. Political commentators and media outlets, however, greeted its establishment with little fanfare. Implicitly and explicitly, they suggested that the AC was only the beginning: Southeast Asia, they seemed to say, was taking its first steps on a linear process of unification that would converge on the model of the European Union. In The Indonesian Way, Jürgen Rüland challenges this previously unquestioned diffusion of European norms. Focusing on the reception of ASEAN in Indonesia, Rüland traces how foreign policy stakeholders in government, civil society, the legislature, academe, the press, and the business sector have responded to calls for ASEAN's Europeanization, ultimately fusing them with their own distinctly Indonesian form of regionalism. His analysis reframes the nature of ASEAN as well as the discipline of international relations more broadly, writing a narrative of regional integration and norm diffusion that breaks free of Eurocentric thought.


National Human Rights Institutions in Southeast Asia

National Human Rights Institutions in Southeast Asia

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.


Can ASEAN Take Human Rights Seriously?

Can ASEAN Take Human Rights Seriously?

Author: Alison Duxbury

Publisher: Cambridge University Press

Published: 2019-03-28

Total Pages: 431

ISBN-13: 1108465900

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Critically examines ASEAN's human rights system in the context of Southeast Asian political-legal developments and the global human rights discourse


Sustaining Peace In Asean And The Asia-pacific: Preventive Diplomacy Measures

Sustaining Peace In Asean And The Asia-pacific: Preventive Diplomacy Measures

Author: Yanjun Guo

Publisher: World Scientific

Published: 2022-07-28

Total Pages: 219

ISBN-13: 9811256551

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In 2016, the United Nations (UN) General Assembly and the UN Security Council respectively adopted resolutions on the review of the UN peacebuilding architecture, and the concept of 'sustaining peace' was formally presented. Since then, the 'sustaining peace' agenda has gradually become the core strategy of the peace cause of the UN. The agenda for sustaining peace emphasizes capacity-building for conflict prevention at the regional level.Faced with the escalation of the international security challenge, regional organizations are increasingly playing a prominent role. They have become important participants in the international peace and security agenda by enhancing cooperation with the UN. The Association of Southeast Asian Nations (ASEAN), as the centre of regional cooperation processes in the Asia-Pacific, established a series of norms and instruments related to conflict prevention. This book intends to promote discussions on linking conflict prevention and/or preventive diplomacy activities in the region with the sustaining peace agenda promoted by both the ASEAN on a regional scale and the UN on a global scale.In a collaboration between the ASEAN Institute for Peace and Reconciliation (ASEAN-IPR) and China Foreign Affairs University (CFAU), the book provides discussions from the perspective of both Chinese as well as ASEAN scholars on traditional, as well as emerging, topics on sustaining peace, as well as conflict prevention, conflict management, and conflict resolution.