South East Asia And International Criminal Law

As the worlds political and economic landscape changes in response to the rise of Asian countries such as China, so Asian influences on the global legal order will become more pronounced. Many countries in the region, such as Japan and South Korea, influence the development of international law in various ways, either individually or collectively through multinational organisations such as ASEAN. This collection of published work by leading East Asian scholars covers Asian perspectives concerning various issues in international law, ranging from general perspectives to particular themes such as international economic law, international human rights law, international ocean law, international criminal law, international security law and international dispute settlement. For the first time it provides a comprehensive picture of how and why East Asian countries participate in international law making, as well as comply with international law in their state practices. In so doing, the editors attempt to address the question whether the rising powers in East Asia will change the existing international legal order in future.

An analysis of debates and mechanisms of international criminal law in Cambodia, Indonesia, the Philippines, and Myanmar.

Extraterritoriality in East Asia examines the approaches of China, Japan and South Korea to exercising legal authority over crimes committed outside their borders, known as ‘extraterritorial jurisdiction’. It considers themes of justiciability and approaches to international law, as well as relevant examples of legislation and judicial decision-making, to offer a deeper understanding of the topic from the perspective of this legally, politically and economically significant region.

Drugs Law and Legal Practice in Southeast Asia investigates criminal law and practice relevant to drugs regulation in three Southeast Asian jurisdictions: Indonesia, Singapore and Vietnam. These jurisdictions represent a spectrum of approaches to drug regulation in Southeast Asia, highlighting differences in practice between civil and common law countries, and between liberal and authoritarian states. This book offers the first major English language empirical investigation and comparative analysis of regulation, jurisprudence, court procedure, and practices relating to drugs law enforcement in these three states.

This book presents new research on gender-based violence in Southeast Asia, bringing together varied scholarly work in law, policy, and practice. It enables a greater understanding of violence against women as an international concern, highlighting particular issues that arise in the region. Against a background of international obligations to ensure women's rights through laws and policies that are geared at ending violence against women and girls, this research documents the state failures, individual shame and fear, and societal culture that collectively affects the reporting, investigation, prosecution of perpetrators, and protection of victims. The research explores differing legal mechanisms both internationally, and within nation states, relating to cases of physical and sexual violence. It recognizes the need for functioning mechanisms to ensure women can report their cases safely and be provided with protective and therapeutic services in a way that is systematic, effective, and measurable. Laws and court decisions are analyzed, crisis and safety centers are examined, and in-depth interviews are conducted with actors and NGOs with relevant roles and functions in the mechanism of cases of violence against women. The result is a comprehensive assessment of the incalculable harm it does within Southeast Asian society, and the obstacles it presents for law enforcement. The chapters uncover mechanisms with unique characteristics across Southeast Asia, providing a nuanced understanding of the cultural and social backgrounds, as well as the religious structures, that can both help and hinder suitable frameworks. It is relevant to scholars, policymakers, and practitioners in law, criminology, and gender sociology. “This is a valuable contribution towards empowering the women of South East Asia out of victimhood to valued equality, involvement in governance and leadership through the elimination of violence and discrimination and an excellent resource not just for those working in this field but for those involved in law making, the media and the people of South East Asia.” - Professor Felicity Gerry QC, Barrister at Crockett Chambers Melbourne and Libertas Chambers, London, and Professor of Legal Practice at Deakin University and Honorary Professor at Salford University.

Detailed study of the ICC's practice in prosecuting gender-based crimes, current up to the ICC Statute's twentieth anniversary in 2018.