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ASEAN Dispute Settlement Mechanism: An Application of the Principle of Subsidiarity in the Human Rights Protection Framework in ASEAN (Case Study: The Human Rights Protection of Rohingya Ethnic in Myanmar)
Bibliografi
Author:
Puspita, Natalia Yeti
Topik:
ASEAN Dispute Settlement Mechanism
;
Subsidiarity Principle
;
Human Rights Protection
;
Rohingya Etnic
Bahasa:
(EN )
Penerbit:
University of Lucerne
Tempat Terbit:
Lucerne, Switzerland
Tahun Terbit:
2019
Jenis:
Papers/Makalah - pada seminar internasional
Fulltext:
IVR cOnference Swiss.pdf
(766.86KB;
2 download
)
Abstract
The principle of non-intervention stated in ASEAN Charter, gives legitimacy to ASEAN members not to interfere in their respective internal affairs. Consequently, up to the present time, ASEAN has not been able to do much when humanitarian problems arise within the borders of each member. One of the reasons is that the Southeast Asian countries adhere to the principle of non-intervention related to the principle of state sovereignty. In fact, the issue of human rights protection occurs significantly in ASEAN region, for an example, Rohingya ethnic problems in Myanmar. Up to this moment, ASEAN has not yet issued any statements regarding the humanitarian crisis in Myanmar. ASEAN as a regional international organization having a legal personality indeed has an authority to be involved in the process of resolving cases of human rights protection of Rohingya ethnic in Myanmar. Moreover, ASEAN has previously played an important role in the issue of providing humanitarian assistance when natural disasters hit Myanmar in 2008. In addition, in ASEAN Charter, is listed a mechanism for dispute settlement in ASEAN region and the existence of ASEAN Human Rights Agency as well. The involvement of ASEAN in the process of resolving cases of human rights protection of Rohingya ethnic in Myanmar can be approached from the application of the principle of subsidiarity. This principle is a principle that can bridge interests of each party, namely between a respect to the principle of state sovereignty and also an implementation of the role of ASEAN as an international organization to be involved in resolving cases of human rights protection of Rohingya ethnic in Myanmar. Dealing with this issue, in this paper, a dispute settlement mechanism in ASEAN: an application of the principle of subsidiarity in the framework of human rights protection in ASEAN (case study: the human rights protection of Rohingya etnic in Myanmar) will be presented.
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