Overview

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.

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Dr. Hao Duy Phan is a legal expert in international law. He has published in the Asian-Pacific Law & Policy Journal, East Asia Law Review, Asia-Pacific Journal on Human Rights and the Law, and Contemporary Southeast Asia, among others. He has been a fellow at the East-West Center in Washington D.C. and the Institute of Southeast Asian Studies in Singapore, and has worked for the Ministry of Foreign Affairs of Vietnam and the Office of the United Nations High Commissioner for Human Rights. He received a B.A. in International Law from the Institute for International Relations of Vietnam, an LL.M. in International Human Rights Law from Notre Dame Law School, and an S.J.D. in International Law from the American University Washington College of Law.

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