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Emerging regional human rights systems in Asia
Author
Title
Emerging regional human rights systems in Asia [electronic resource] / Tae-Ung Baik, Associate Professor, William S. Richardson School of Law, University of Hawaiʻi at Manoa.
ISBN
9781139776462 (electronic bk.)
1139776460 (electronic bk.)
9781139058445 (electronic bk.)
1139058444 (electronic bk.)
9781139779500
1139779508
9781107015340
1107015340
9781283746373
1283746379
Published
Cambridge : Cambridge University Press, 2012.
Physical Description
1 online resource.
Summary
"Asia is the only area in the world that does not have a human rights court or commission covering the region as a whole. However, a close look at recent developments in the region, especially in East Asia, shows that a human rights system is emerging. Various activities and initiatives for human rights cooperation are developing in Asia at the regional, sub-regional and national levels. Since the establishment of the ASEAN human rights body (AICHR) in 2009, the need for a review of the regional human rights mechanisms in Asia is stronger than ever. With a primary focus on twenty-three East Asian states, Tae-Ung Baik highlights the significant changes that have taken place in recent decades and demonstrates that the constituent elements of a human rights system (norms, institutions and modes of implementation) are developing in Asia"-- Provided by publisher.
Other formats
Print version: Baik, Tae-Ung. Emerging regional human rights systems in Asia. Cambridge : Cambridge University Press, 2012
Format
Books / Online
Language
English
Added to Catalog
October 02, 2013
Contents
Cover; EMERGING REGIONAL HUMAN RIGHTS SYSTEMS IN ASIA; Title; Copyright; Dedication; CONTENTS; FIGURES; TABLES; ACKNOWLEDGEMENTS; ABBREVIATIONS; 1 Introduction; 2 Analytical framework: human rights systems in Asia; 2.1 Purpose of this chapter; 2.2 Asia; 2.2.1 The distorted image of Asia; 2.2.2 Political implications of regional grouping; 2.2.3 Can Asia be united?; 2.2.4 Difficulties in cooperation in Asia; 2.2.5 The relevance of human rights in Asia; 2.2.6 Open regionalism; 2.3 The systems approach to human rights; 2.3.1 International relations theories.
2.3.1.1 Realism/neo-realism and neoliberal institutionalism2.3.1.2 Liberalism and constructivism; 2.3.1.3 New challenges; 2.3.1.4 Regime approach; 2.3.2 The origin of the systems approach and its applicability to human rights systems; 2.3.3 Structure of systems approach; 2.3.3.1 Elements of a system; 2.3.3.2 Relationship with other systems; 2.4 Human rights in Asian contexts; 2.4.1 Human rights as adopted norms; 2.4.2 Internal dynamics of normative development; 2.5 Conclusion; 3 Human rights norms in Asia; 3.1 Introduction; 3.2 Frameworks for the analysis of human rights norms in East Asia.
3.2.1 Compatibility and applicability of human rights in East Asia3.2.2 Domestication of international norms and the process of norm adoption; 3.2.3 Filtered universalism
human rights norms and constitutionalism; 3.2.3.1 Adoption of the rights-concepts; 3.2.3.2 Filtering; 3.2.3.3 Fusion; 3.3 Domestic treatment of international law in East Asia; 3.3.1 Different approaches to the role of international law
dualism v. monism; 3.3.2 International law in the domestic legal system in East Asia; 3.3.2.1 Monist states: international law directly becomes domestic law.
3.3.2.2 Dualist states: incorporation or transformation necessary3.3.3 Hierarchy of international human rights law and domestic law; 3.3.3.1 Higher than, or at the same level as, the constitution; 3.3.3.2 Lower than constitution, but higher than ordinary statutes; 3.3.3.3 At the same level as statutes; 3.3.3.4 Lower than statutes; 3.3.3.5 Incorporation or transformation; 3.3.4 Customary international law; 3.4 Current international human rights norms in East Asia; 3.4.1 Ratification of international human rights treaties; 3.4.2 Implication of international human rights law in East Asia.
3.4.2.1 Reservations or declarations3.5 Constitutional rights in the domestic legal system; 3.5.1 The origins of constitutions in East Asia; 3.5.2 The adoption of constitutions; 3.5.3 The development of constitutionalism and rule of law; 3.5.3.1 China; 3.5.3.2 Japan; 3.5.3.3 South Korea; 3.5.3.4 Indonesia; 3.5.3.5 Malaysia; 3.5.3.6 Thailand; 3.5.3.7 India; 3.5.3.8 Pakistan; 3.5.4 Domestic statutes protecting human rights; 3.5.5 Implications of domestic legal system and constitutional rights; 3.6 Regional human rights norms developing in Asia or the Asia-Pacific.
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