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Many Westerners assume that freedom has been bypassed in Asia, given the often brutal suppression of demands for its extension in some Asian countries, and its more tentative status in others where desire for social order is dominant. This book argues that Western ideas of freedom have become widely accepted in Asia, and the key determinant for measuring a range of legal, ethical and political practices. The book finds that modern conceptions of freedom throughout Asia are rooted in local histories, institutions and practices, becoming adapted to local contexts. The book avoids cultural relativism and blanket generalisations, but does find a number of common ideas relating to freedom across the region. A prestigious group of contributors explores freedom from historical, religious, political and ideological perspectives, acknowledging the many variations in the theme of human liberation.
The need for freedoms of navigation in regional waters is frequently mentioned in statements from regional forums, but a common understanding of what constitutes a particular freedom of navigation or the relevant law is lacking. This book discusses how law, politics and strategy intersect to provide different perspectives of freedoms on navigation in the Asia-Pacific region. These freedoms are very important in this distinctively maritime region, but problems arise over interpreting the navigational regimes under the law of the sea, especially with regard to the rights of foreign warships to transit another country’s territorial sea without prior notification or authorisation of the coastal state, and with determining the availability of high seas freedoms of navigation and overflight in an exclusive economic zone. The book explores these issues, referring in particular to the position of the main protagonists on these issues in Asian waters – the United States and China – with their strongly opposing views. The book concludes with a discussion of the prospects for either resolving these different perspectives or for developing confidence-building measures that would reduce the risks of maritime incidents. Providing a comprehensive yet concise overview of the various different factors affecting freedom of navigation, this book will be a valuable resource for those working or studying in the fields of international relations, maritime security and the law of the sea.
This book analyzes the constraints on press freedom and the ways in which independent reporting and reporters are at risk in contemporary Asia to provide a barometer of democratic development in the region. Based on in-depth country case studies written by academics and journalists, and some who straddle both professions, from across the region, this book explores the roles of mainstream and online media, and how they are subject to abuse by the state and vested interests. Specific country chapters provide up-to-date information on Bangladesh, Kashmir, Malaysia, Myanmar, Nepal, Pakistan, Sri Lanka, Taiwan, Thailand and Vietnam, as well as on growing populist and nationalist challenges to media freedom in the Philippines, India, Indonesia and Japan. The book includes a theoretical chapter pulling together trends and common constraints facing newsrooms across Asia and a regional overview on the impact of social media. Three chapters on China provide insights into the country’s tightening information environment under President Xi Jinping. Moreover, the legal environment of the media, political and external pressures, economic considerations, audience support and journalists’ standards and ethics are explored. As an international and interdisciplinary study, this book will appeal to undergraduates, graduates and scholars engaged in human rights, media studies, democratization, authoritarianism and Asian Studies, as well as Asia specialists, journalists, legal scholars, historians and political scientists.
Asian Cyberactivism: Freedom of Expression and Media Censorship aims to record political activism on the Internet and "take stock of some of the successes and failures of cyberactivists as they try to beat the various censorship regimes in Asia." The sections of this 664-page book comprise of 'Political Frameworks & New Technology', 'Regulations and Control', 'One Party States', 'Alternative Media', 'Civil Society', 'Diaspora Communities', and 'Political Parties'. The book's 18 chapters provide an overview of current trends in democracy related new media research to country-specific case studies. "The common thread running through the book is the organizing of civil society groups at the grassroots level, and how they are influencing certain segments of their respective countries, and even challenging state control and the monopoly of mainstream media." Asian Cyberactivism strives to examine political organising online in Asia even as the technology and the rules change. Activists provide their perspectives on how new media relates to democracy, and showcase examples that could be emulated to further the cause of democracy. "Expressions of free speech have blossomed with the advent of new communications technologies like the Internet, but with the Internet itself becoming a target for censorship, regulation and control, it remains to be seen if cyberactivists in Asia will be able to overcome or bypass them."
The Asian challenge to the universality of human rights has sparked off intense debate. This volume takes a clear stand for universal rights, both theoretically and empirically, by analysing social and political processes in a number of East and Southeast Asian countries. On the national arenas, Asian values are linked to the struggle between authoritarian and democratic forces, which both tend to convey stereotyped images of the 'west', but with reversed meanings.
The Asia-Pacific is known for having the least developed regional mechanisms for protecting human rights. This edited collection makes a timely and distinctive contribution to contemporary debates about building institutions for human rights protection in the Asia-Pacific region, in the wake of ASEAN’s establishment in 2009 of a sub-regional human rights commission. Drawing together leading scholarly voices, the book focuses on the systemic issue of institutionalising human rights protection in the Asia-Pacific. It critically examines the prospects for deepening and widening human rights institutions in the region, challenging the orthodox scepticism about whether the Asia-Pacific is "ready" for stronger human rights institutions and exploring the variety of possible forms that regional and sub-regional institutions might take. The volume also analyses the impediments to new institutions, whilst questioning the justifications for them. The collection provides a range of perspectives on the issues and many of the chapters bring interdisciplinary insights to bear. As such, the collection will be of interest to scholarly, practitioner, and student audiences in law, as well as to readers in international relations, political science, Asian studies, and human rights.
The fifteenth and final volume of the series The Making of Modern Freedom, this book explores a variety of issues surrounding questions of human rights and freedom in China. The chapters suggest very significant realms of freedom, with or without the protection of law, in the personal, social, and economic lives of people in China before the twentieth century. This was recognized, and partly codified, in the early twentieth century, when legal experts sought to establish a republic of laws and limits. The process of legal reform, however, would be placed firmly in the service of strengthening the post-imperial Chinese nation-state, culminating after 1949 in despotism unparalleled in Chinese history. Nevertheless, the last decades of the twentieth century and the first years of our own would witness a slow, steady, but unmistakable reassertion of realms of personal and communal autonomy that show, even in an era of strong states, at least the prospect of institutionalized freedoms.
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.
This book is about how one of the leading intellectual architects of Chinese modernization, Yan Fu (1854 - 1921), introduced the Chinese intellectual world to the liberalism of John Stuart Mill partly by grasping Mill's ideas, but also by misunderstanding and projecting them onto indigenous Chinese values, which in turn led to criticism and resistance. Rather than bending Western liberalism to the purposes of Chinese nationalism, Yan initiated a distinctively Chinese liberal tradition that became a major component of China's modern political culture.
Asia is the only area in the world that does not have a human rights court or commission covering the region as a whole. However, a close look at recent developments in the region, especially in East Asia, shows that a human rights system is emerging. Various activities and initiatives for human rights cooperation are developing in Asia at the regional, sub-regional and national levels. Since the establishment of the ASEAN human rights body (AICHR) in 2009, the need for a review of the regional human rights mechanisms in Asia is stronger than ever. With a primary focus on twenty-three East Asian states, Tae-Ung Baik highlights the significant changes that have taken place in recent decades and demonstrates that the constituent elements of a human rights system (norms, institutions and modes of implementation) are developing in Asia.