The purpose of this book is to provide a consolidated collection of materials to facilitate comparison of the various national human rights institutions (NHRIs) already established in the Asia-Pacific region, against a background of selected international materials and with the assistance of several comparative tables. The latter are not intended to be exhaustive, but are designed to assist in identifying and considering the strengths and weaknesses inherent in the legislative mandates of each national institution. While the collection is primarily intended for teaching purposes, it should also be useful to countries considering establishing a national human rights commission or, for those which have already done so, strengthening its mandate. For this reason several sections have been included outlining the relationship which should exist between NHRIs, the Executive, the Legislature, the Judiciary and other related institutions and a short section on the importance of the process which should precede their establishment.
The World Heritage community is currently adopting policies to mainstream human rights as part of a wider sustainability agenda. This interdisciplinary book combines a state of the art review of World Heritage policy and practice at the global level with ethnographic case studies from the Asia-Pacific region by leading scholars in the field. By joining legal reviews, anthropology and practitioner experience through in-depth case studies, it shows the diversity of human rights issues in both natural and cultural heritage sites. From site-designation to their conservation and management, the book explores the various rights issues and analyses the diverse social, cultural and legal challenges and responses at both regional and global level. Detailed case studies are included from Australia, Cambodia, China, Malaysia, Myanmar, Nepal, the Philippines and Vietnam. The book will appeal to both natural and cultural heritage professionals and human rights and heritage scholars, and will serve as a useful compendium for courses use allowing students to compare, contrast and contextualize different contexts.
This Handbook gives a wide-ranging account of the theory and practice of human rights in China, viewed against international standards, and China’s international engagements around human rights. The Handbook is organised into the following sections: contested meanings; international dimensions; economic and social rights; civil and political rights; rights in/action and access to justice; political dimensions of human rights in Greater China; and new frontiers.
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.
This is the first scholarly examination of climate change litigation in the Asia Pacific region. Bringing legal academics and lawyers from the Global South and Global North together, this book provides rich insights into how litigation can galvanize climate action in countries including Pakistan, Indonesia, Malaysia and China. Written in clear and accessible language, the fourteen chapters in this book shed light on the important question of how litigation may unfold as a potential regulatory pathway towards decarbonization in the world's most populous region.
The postcolonial states of Fiji, Papua New Guinea and Vanuatu operate today in a global arena in which human rights are widely accepted. As ratifiers of UN treaties such as the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child, these Pacific Island countries have committed to promoting women’s and girls’ rights, including the right to a life free of violence. Yet local, national and regional gender values are not always consistent with the principles of gender equality and women’s rights that undergird these globalising conventions. This volume critically interrogates the relation between gender violence and human rights as these three countries and their communities and citizens engage with, appropriate, modify and at times resist human rights principles and their implications for gender violence. Grounded in extensive anthropological, historical and legal research, the volume should prove a crucial resource for the many scholars, policymakers and activists who are concerned about the urgent and ubiquitous problem of gender violence in the western Pacific. ‘This is an important and timely collection that is central to the major and contentious issues in the contemporary Pacific of gender violence and human rights. It builds upon existing literature … but the contributors to this volume interrogate the connection between these two areas deeply and more critically … This book should and must reach a broad audience.’ — Jacqui Leckie, Associate Professor, Anthropology and Archaeology, University of Otago ‘The volume addresses the tensions between human and cultural, individual and collective rights, as played out in the domain of gender … Gender is a perfect lens for exploring these tensions because cultural rights are often claimed in defence of gender oppression and because women often have imposed upon them the burden of representing cultural traditions in attire, comportment, restraint or putatively cultural conservatism. And Melanesia is a perfect place to consider these gendered issues because of the long history of ethnocentric representations of the region, because of the extent to which these are played out between states and local cultures and because of the efforts of the vibrant women’s movements in the region to develop locally workable responses to the problems of gender violence in these communities.’ — Christine Dureau, Senior Lecturer, Anthropology, University of Auckland
