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A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia
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 re...
Human Rights in Asia
Human Rights in Asia considers how human rights are viewed and implemented in Asia. It covers not just civil and political rights, but also social, economic and cultural rights. This study discusses the problems arising from the fact that ideas of human rights have evolved in Western liberal democracies and examines how far such values are compatible with Asian values and applicable in Asian contexts. Core chapters on France and the USA provide a benchmark on how human rights have emerged and how they are applied and implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia plus India, each of which follows a common template to consider the context of the legal system in each country, black letter law, legal discussions and debates and key current issues concerning human rights in each jurisdiction.
Defending Rights in Contemporary China
Defending Rights in Contemporary China offers the first comprehensive analysis of the emergence and development of notions of rights defence, or weiquan, in China. Further, it shows that rights defence campaigns reflect the changing lives and priorities of Chinese citizens, both urban and rural, and the changing distribution of power in China. In this book, Jonathan Benney argues that the idea of rights defence has gone from being a tool of the government to being a tool to attack the party-state, and explores the consequences of this controversial activist movement.
Transnational Legal Processes and Human Rights
It is becoming increasingly common for human rights norms to be transferred between legal and political systems and this book is a fresh approach to the intersection of transnational law and the protection of cultural difference beyond the single state border. It investigates how the construction and evolution of human rights norms are transferred in transnational legal settings and asks whether law should reflect, express or control any given aspect of culture. The chapters explore the ways that law and cultural identity may or may not co-exist, particularly in circumstances where a prima facie clash is observed. Examining legal approaches to cultural differences from a comparative perspective and across a wide range of locations, the book covers topics such as juvenile punishment, religious defamation, religious rights and conflict between industry and indigenous communities. It will be of value to those working in the areas of transnational and comparative law, as well as those concerned with human rights and the intersection of law and cultural difference.
Discrimination
This volume provides students and readers with the information they need to explore and think critically about the worldwide implications of discrimination. It offers a panoramic view of opinions selected from a diverse range of international sources, including journals, magazines, newspapers, nonfiction books, speeches, government documents, organization newsletters, and position papers. Readers will learn about discrimination in such cultures and places as Senegal, Australia, India, Botswana, Thailand, Saudi Arabia, New Zealand, Germany, Yemen, France, and Pakistan.
Mainstreaming Gender in Hong Kong Society
This volume demonstrates the importance of gender mainstreaming in examining social issues and making decisions that affect women and men. In so doing, the essays of the book enrich our understanding of the social structures and trends within contemporary Hong Kong society and at the same time restate the need for gender-sensitive perspectives in policy-making.
The National Security Law of Hong Kong
The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong SAR (the ‘NSL’) promises to be the most important legal development in Hong Kong since the advent of the Basic Law. Many wondered in the aftermath of the NSL how the foundations of Hong Kong’s system might be changed and in what way the freedoms valued by Hong Kong may be affected. Supporters view the law as essential for the preservation of public order and the national security of China and to support the fundamental well-being of “One Country, Two Systems”, an arrangement that has been in place since the return of Hong Kong to China. Critics fear an adverse impact on the spirit of “O...
The End of Sex and the Future of Human Reproduction
“Will the future confront us with human GMOs? Greely provocatively declares yes, and, while clearly explaining the science, spells out the ethical, political, and practical ramifications.”—Paul Berg, Nobel Laureate and recipient of the National Medal of Science Within twenty, maybe forty, years most people in developed countries will stop having sex for the purpose of reproduction. Instead, prospective parents will be told as much as they wish to know about the genetic makeup of dozens of embryos, and they will pick one or two for implantation, gestation, and birth. And it will be safe, lawful, and free. In this work of prophetic scholarship, Henry T. Greely explains the revolutionary ...
Law and Politics of Religious Fraud Regulation
In comparing the ways in which China, Taiwan and Hong Kong punish religious claims and practices considered by the state to be false or fraudulent, Jianlin Chen presents a seminal contribution to the interdisciplinary study of religious freedom. The book not only reveals how these legal tools sustain a hierarchy of religion, but also the political dynamic behind the design and utilization of these legal tools.
