A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia —— The Case for a Southeast Asian Court of Human Rights

----- 东南亚建立人权机制的选择方法：人权东南亚法院案例

ISBN: 9789004222168 出版年：2012 页码：283 Hao Duy Phan Brill

Abstract Acknowledgements Foreword 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 Bibliography.