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How is international criminal law adapted across time and space? Which actors are involved and how do those actors seek to prosecute atrocity crimes? States in Southeast Asia exhibit a range of adapted approaches toward prosecuting international crimes. By examining engagement with international criminal justice especially in Cambodia, the Philippines, Indonesia, and Myanmar, this book offers a fresh and comprehensive approach to the study of international criminal law in the region. It nuances categories of the 'global' and 'local' and demonstrates how norms can be adapted in multiple spatial and temporal directions beyond the International Criminal Court. It proposes a shift in the focus of those interested in international criminal justice toward recognising the opportunities and expertise presented by existing adaptive responses to international crimes. This book will appeal to scholars, practitioners and advocates interested in international criminal law, international relations, transitional justice, civil society, and law in Southeast Asia.
A study of how and why amnesties for human rights violations remain a prevalent feature of peace processes in Asia.
This collection identifies and discusses problems and opportunities for the theory and practice of international criminal justice. The International Criminal Court and project of prosecuting international atrocity crimes have faced multiple challenges and critiques. In recent times, these have included changes in technology, the conduct of armed conflict, the environment, and geopolitics. The mostly emerging contributors to this collection draw on diverse socio-legal research frameworks to discuss proposals for the futures of international criminal justice. These include addressing accountability gaps and under-examined or emerging areas of criminality at, but also beyond, the International Criminal Court, especially related to technology and the environment. The book discusses the tensions between universalism and localisation, as well as the regionalisation of international criminal justice and how these approaches might adapt to dynamic organisational, political and social structures, at the ICC and beyond. The book will be of interest to students, researchers and academics. It will also be a useful resource for civil society representatives including justice advocates, diplomats and other government officials and policy-makers.
By engaging with the ongoing discussion surrounding the scope of cross-border regulation, this expansive Research Handbook provides the reader with key insights into the concept of extraterritoriality. It offers an incisive overview and analysis of one of the most critical components of global governance.
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and international relations.
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.
Professor Toshiki Mogami, the featured figure of this memorial edition, has developed his academic career in international law and politics. Professor Mogami’s original normative and analytical framework is characterized by himself as Jus Contra Anarchism et Oligarchism: international law against interstate and institutionalised violence. The editors extract the very essence of his teachings from Professor Mogami’s masterpieces, specifically, International Law as Constructive Resistance towards Peace and Justice.
This edited volume addresses the broader aspects of the political and social landscape, human rights violations, accountability and advocacy efforts, and humanitarian challenges faced by the Rohingya from Myanmar. The work brings together different voices of legal, policy, and international affairs experts to construct a framework which addresses the complex and nuanced issues comprising the Rohingya crisis. Although there is recognition that international legal mechanisms are moving forward more quickly than anticipated, these processes do not constitute standalone sustainable solutions. Myanmar’s myriad political, social cohesion, development and security challenges are likely to persist even as justice and accountability processes move forward. Thus, this book project is premised on the consensus that the international community should complement international justice mechanisms by looking toward creative and multi-faceted approaches in addition to justice and accountability. This timely contribution will be of interest to academics, researchers, development practitioners, and human rights organizations.
Southeast Asia ranks among the most significant regions in the world for tracing the prehistory of human endeavor over a period in excess of two million years. It lies in the direct path of successive migrations from the African homeland that saw settlement by hominin populations such as Homo erectus and Homo floresiensis. The first Anatomically Modern Humans, following a coastal route, reached the region at least 60,000 years ago to establish a hunter gatherer tradition that survives to this day in remote forests. From about 2000 BC, human settlement of Southeast Asia was deeply affected by successive innovations that took place to the north and west, such as rice and millet farming. A millennium later, knowledge of bronze casting penetrated along the same pathways. Copper mines were identified and exploited, and metals were exchanged over hundreds of kilometers. In the Mekong Delta and elsewhere, these developments led to early states of the region, which benefitted from an agricultural revolution involving permanent ploughed rice fields. These developments illuminate how the great early kingdoms of Angkor, Champa, and Funan came to be, a vital stage in understanding the roots of the present nation states of Southeast Asia. Assembling the most current research across a variety of disciplines--from anthropology and archaeology to history, art history, and linguistics--The Oxford Handbook of Early Southeast Asia will present an invaluable resource to experienced researchers and those approaching the topic for the first time.
Adaptation to Climate Change: ASEAN and Comparative Experiences presents a dynamic and comprehensive collection of works from legal scholars around the world that delves into a relatively new frontier on legal aspects of climate change adaptation with focus on the ASEAN region, both at the regional level as well as at the national level in some ASEAN countries — such as Malaysia, Philippines, and Thailand. Other countries not within ASEAN are also represented, such as Bangladesh, People's Republic of China, Sri Lanka, and the Republic of Taiwan. In doing so, it surveys one of the most important issues confronting developing countries today, and the challenges to building resilient societies. It is an essential source of reference for policy-makers, administrators, the private sector officials, scientists, academic scholars, climatologists, NGOs, and CSOs in ASEAN and the world.