Minority Rights in Asia A Comparative Legal Analysis

by Castellino, Joshua; Domínguez Redondo, Elvira

• ISBN13: 9780199296057
• ISBN10: 0199296057
• Format: Hardcover
• Copyright: 2006-06-22
• Publisher: Oxford University Press

Summary

Minority rights law has been an important axis for the evolution of international law itself. While much has been written about minority rights regimes in Europe, there is very little information available with regards to Asian experiences. Countries in Asia, with their diverse populations, are struggling with constructing legal systems that will deliver on the promise of equal rights to all its citizens. This book evaluates these attempts in four Asian states: India, China, Malaysia and Singapore by examining the theory and practice of minority rights law in these vastly different settings.

Author Biography

Joshua Castellino is a lecturer in human rights law at the Irish Centre of Human Rights, NUI Galway. Formerly a journalist in India, he was awarded the Chevening Scholarship in 1995 and subsequently completed his PhD in International Law at the University of Hull, UK, in 1998. He is actively involved in human rights discussions between Europe and Asia (including the EU-China programme and the Support for Arab Lawyers Programme), and has published two volumes, an edited collection of essays and several articles on various aspects of international law and human rights law. Elvira Dominguez Redondo was awarded a Government of Ireland Post-Doctoral Fellowship. She completed her PhD in Human Rights Law at Carlos III de Madrid in Spain and has also worked as a consultant at the Office of the High Commissioner of Human Rights in Switzerland. She is an active participant in the EU-China Dialogue and Experts Network and has authored a book that studies the special procedures of the UN Commission on Human Rights. She is currently based at the Irish Centre for Human Rights, NUI Galway.

Table of Contents

Abbreviations	ix
Table of Cases	xii
Table of International Instruments and Domestic Legislation	xvii
Table of Official and Governmental Sources	xxii
Introduction	1	(4)
1. Asian States, International Human Rights Law, and Minority Rights	5	(53)
Introduction	5	(6)
1.1 The Asian Values' Debate	11	(15)
1.2 Empirical Analysis of Asian States' Participation in the UN Human Rights Machinery	26	(16)
1.3 Asian Minorities: An Overview	42	(14)
Conclusion	56	(2)
2. Minority Rights in India	58	(46)
Introduction	58	(2)
2.1 Historical Background	60	(5)
2.2 Identification of Minorities	65	(11)
2.3 Rights of Minorities	76	(19)
2.4 Remedies	95	(7)
Conclusion	102	(2)
3. Minority Rights in China	104	(43)
Introduction	104	(4)
3.1 Historical Background to Law in China	108	(5)
3.2 Identification of Minorities	113	(4)
3.3 Rights of Minorities	117	(20)
3.4 Remedies	137	(7)
Conclusion	144	(3)
4. Minority Rights in Malaysia	147	(46)
Introduction	147	(1)
4.1 Historical Background	148	(5)
4.2 Identification of Minorities	153	(8)
4.3 Rights of Minorities	161	(19)
4.4 Remedies	180	(11)
Conclusion	191	(2)
5. Minority Rights in Singapore	193	(44)
Introduction	193	(3)
5.1 Historical Background	196	(6)
5.2 Identification of Minorities	202	(12)
5.3 Rights of Minorities	214	(13)
5.4 Remedies	227	(9)
Conclusion	236	(1)
Conclusion	237	(16)
Bibliography	253	(30)
Index	283