Human Rights in Asia: A Comparative Legal Study of Twelve Asian Jurisdictions, France and the USA

by Peerenboom; Randall

• ISBN13: 9780415360036
• ISBN10: 041536003X
• Format: Nonspecific Binding
• Copyright: 2006-07-25
• Publisher: Routledge

Summary

This book analyses how human rights are viewed and implemented in Asia. Specialists from fourteen countries and jurisdictions examine personal integrity, civil and political, social and economic, and cultural rights. Each chapter provides a general introduction to rights theory and practice, discussion of the relevant case law for each type of right, and concluding remarks that situate a country's performance within a broader comparative context. The chapters on France and the USA provide a benchmark for assessing how human rights have emerged and been implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia and India, each of which follows a common template to consider the context of the legal system, black-letter law, legal discussions and debates, and controversial issues concerning human rights. This book will be of interest to scholars, government officials, NGOs and others seeking to promote human rights, democracy, rule of law, and law and development. The volume is well-suited for undergraduate and graduate courses in a wide variety of fields including political science, law and sociology. Book jacket.

Table of Contents

Notes on contributors	vii
Preface	x
Acknowledgements	xii
1 An empirical overview of rights performance in Asia, France, and the USA: The dominance of wealth in the interplay of economics, culture, law, and governance	1	(64)
RANDALL PEERENBOOM
2 The protection of human rights in France: A comparative perspective	65	(18)
GUY SCOFFONI
3 Uncovering rights in the USA: Gauging the gap between the Bill of Rights and human rights	83	(38)
DINUSHA PANDITARATNE
4 The protection of "fundamental human rights" in Japan	121	(37)
SHIGENORI MATSUI
5 Taking rights seriously? Human rights law in Singapore	158	(33)
LI-ANN THIO
6 Human rights in Malaysia	191	(33)
H.P. LEE
7 From British colony to special administrative region of China: Embracing human rights in Hong Kong	224	(41)
CAROLE J. PETERSEN
8 Human rights in Korea	265	(33)
HAHM CHAIHARK
9 The implementation of human rights law in Taiwan	298	(22)
FREDERICK CHAO-CHUN LIN
10 Human rights in the era of "Thailand Inc."	320	(26)
VITIT MUNTARBHORN
11 The Philippines: The persistence of rights discourse vis-à-vis substantive social claims	346	(18)
RAUL C. PANGALANGAN
12 Human rights in Indonesia	364	(20)
HIKMAHANTO JUWANA
13 Protection of human rights and production of human rightlessness in India	384	(29)
UPENDRA BAXI
14 Human rights in China	413	(39)
RANDALL PEERENBOOM
15 Evolving concepts of human rights in Vietnam	452	(35)
JOHN GILLESPIE
16 Conclusion: comparative reflections on human rights in Asia	487	(30)
ALBERT H.Y. CHEN
Index	517