The Role of Law and the Rule of Law in ASEAN Integration: Can ASEAN Take Human Rights Seriously?

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The Role of Law and the Rule of Law in ASEAN Integration: Can ASEAN Take Human Rights Seriously?

Edited by Alison Duxbury · Hsien-Li Tan
Cambridge University Press April 2019

Specifications

ISBN-13
9781108465908
Publisher
Cambridge University Press
Publication
April 2019
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The adoption of the ASEAN Charter in 2007 represented a watershed moment in the organisation's history – for the first time the member states explicitly included principles of human rights and democracy in a binding regional agreement. Since then, developments in the region have included the creation of the ASEAN Intergovernmental Commission on Human Rights in 2009 and the adoption of the ASEAN Human Rights Declaration in 2012. Despite these advances, many commentators ask whether ASEAN can take human rights seriously. The authors explore this question by comprehensively examining the new ASEAN human rights mechanisms in the context of existing national and international human rights institutions. This book places these regional mechanisms and commitments to human rights within the framework of the political and legal development of ASEAN and its member states and considers the way in which ASEAN could strengthen its new institutions to better promote and protect human rights.

  • Provides a comparative study of the multifaceted ASEAN human rights system in relation to the other human rights mechanisms available to ASEAN member states at the national, regional and international levels.
  • Explores the historical issues and political developments that could explain the evolutionary path of the ASEAN human rights system and looks at the developments that have led to legal change
  • Examines the structure and work of the ASEAN human rights mechanisms in detail and updates the current literature on ASEAN and human rights

Table of Contents

Introduction
1. Assessing Human Rights Implementation in Southeast Asia Tom Ruys, Nicolas Angelet and Luca Ferro
2. Understanding the Tensions and Ambiguities in Southeast Asian Attitudes Towards Human Rights Hazel Fox
3. The Utility of Human Rights Mechanisms in the ASEAN Region Lori Fisler Damrosch
4. Operationalising Human Rights in ASEAN
Conclusion: Taking Human Rights Seriously Wenhua Shan and Peng Wang
5. Immunity and the Exercise of Jurisdiction – Indirect Impleading and Exequatur Nicolas Angelet
6. Jurisdictional Immunity of States and General International Law – Explaining the Jus Gestionis V. Jus Imperii Divide Alexander Orakhelashvili
7. Jurisdictional Immunity of States – Commercial Transactions Yas Banifatemi
8. Jurisdictional Immunity of States and Non-Commercial Torts Sally El Sawah
9. Waivers of Jurisdictional Immunity Catherine Amirfar
10. Jurisdictional Immunities of International Organizations – Origins, Fundamentals and Challenges Niels Blokker
11. Immunities of the United Nations and Specialized Agencies Kristen E. Boon
12. Jurisdictional Immunity of Regional Organizations – Substantive Unity in Instrumental Diversity? Ramses A. Wessel
13. Immunity from Execution of Central Bank Assets Ingrid Wuerth
14. Immunity from Execution and Diplomatic Property Cedric Ryngaert
15. Immunity from Execution of Military and Cultural Property Matthew Happold
16.Measures of Constraint and the Immunity of International Organizations Eric De Brabander
17. Enforcing Sovereign Arbitral Awards – State Defences and Creditor Strategies in an Imperfect World Mark A. Cymrot
18. Immunity from Execution and Domestic Procedural Rules – Preventive Control, Burden of Proof and Discovery Mathias Audit, Nicolas Angelet and Maria-Clara Van Den Bossche
19. Waivers of Immunity from Execution Frédéric Dopagne
20. Immunities of Diplomatic and Consular Personnel – An Overview Sanderijn Duquet
21. Diplomatic and Consular Immunities – Trends and Challenges Eileen Denza
22. The Immunities of Members of Special Missions Andrew Sanger and Sir Michael Wood
23. Foreign Officials Entitled to (Absolute) Personal Immunity During Their Time in Office Muriel Ubéda-Saillard
24. Functional Immunity of State Officials from the Criminal Jurisdiction of Foreign National Courts Rosanne Van Alebeek
25. Immunities of Foreign Officials from Civil Jurisdiction Chimène I. Keitner
26. Immunities of Civil Servants of International Organizations Christian Walter and Fabian Preger
27. The Immunities of Visiting Forces Aurel Sari
28. Immunities and the International Criminal Court Harmen Van Der Wilt
29. Immunities and Jus Cogens Violations Pierre D'Argent and Pauline Lesaffre
30. Immunity and Terrorism David P. Stewart
31. Immunity, Inviolability and Countermeasures – A Closer Look at Non-UN Targeted Sanctions Tom Ruys
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