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Military justice systems across the world are in a state of
transition. These changes are due to a combination of both domestic
and international legal pressures. The domestic influences include
constitutional principles, bills of rights and the presence of
increasingly strong oversight bodies such as parliamentary
committees. Military justice has also come under pressure from
international law, particularly when applied on operations. The
common theme in these many different influences is the growing role
of external legal principles and institutions on military justice.
This book provides insights from both scholars and practitioners on
reforms to military justice in individual countries (including the
UK, Canada, the Netherlands and Australia) and in wider regions
(for example, South Asia and Latin America). It also analyses the
impact of 'civilianisation', the changing nature of operations and
the decisions of domestic and international courts on efforts to
reform military justice.
The adoption of the ASEAN Charter in 2007 represented a watershed
moment in the organisation's history - for the first time the
member states explicitly included principles of human rights and
democracy in a binding regional agreement. Since then, developments
in the region have included the creation of the ASEAN
Intergovernmental Commission on Human Rights in 2009 and the
adoption of the ASEAN Human Rights Declaration in 2012. Despite
these advances, many commentators ask whether ASEAN can take human
rights seriously. The authors explore this question by
comprehensively examining the new ASEAN human rights mechanisms in
the context of existing national and international human rights
institutions. This book places these regional mechanisms and
commitments to human rights within the framework of the political
and legal development of ASEAN and its member states and considers
the way in which ASEAN could strengthen its new institutions to
better promote and protect human rights.
Military justice systems across the world are in a state of
transition. These changes are due to a combination of both domestic
and international legal pressures. The domestic influences include
constitutional principles, bills of rights and the presence of
increasingly strong oversight bodies such as parliamentary
committees. Military justice has also come under pressure from
international law, particularly when applied on operations. The
common theme in these many different influences is the growing role
of external legal principles and institutions on military justice.
This book provides insights from both scholars and practitioners on
reforms to military justice in individual countries (including the
UK, Canada, the Netherlands and Australia) and in wider regions
(for example, South Asia and Latin America). It also analyses the
impact of 'civilianisation', the changing nature of operations and
the decisions of domestic and international courts on efforts to
reform military justice.
The admission of a state to membership is an important decision for
an international organisation. In making this determination,
organisations are increasingly promoting the observance of human
rights and democratic governance as relevant principles. They have
also applied the same criteria in resolving the question of whether
existing members should be excluded from an organisation's
processes. Through a systematic examination of the records,
proceedings and practice of international organisations, in this
book Alison Duxbury examines the role and legitimacy of human
rights and democracy as membership criteria. A diverse range of
examples is discussed, including the membership policies and
practice of the League of Nations and the United Nations; the
admission of the Central and Eastern European states to the
European Union; developments in regional organisations in Africa,
Asia and the Americas; and the exclusion of members from the UN
specialised agencies.
The admission of a state to membership is an important decision for
an international organisation. In making this determination,
organisations are increasingly promoting the observance of human
rights and democratic governance as relevant principles. They have
also applied the same criteria in resolving the question of whether
existing members should be excluded from an organisation's
processes. Through a systematic examination of the records,
proceedings and practice of international organisations, in this
book Alison Duxbury examines the role and legitimacy of human
rights and democracy as membership criteria. A diverse range of
examples is discussed, including the membership policies and
practice of the League of Nations and the United Nations; the
admission of the Central and Eastern European states to the
European Union; developments in regional organisations in Africa,
Asia and the Americas; and the exclusion of members from the UN
specialised agencies.
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