Part III Regional Regimes, Ch.24 Regional Refugee Regimes: Oceania

This chapter discusses three of the most prominent approaches to refugee law and displacement issues in Oceania and analyses what they might reveal about the field of refugee law and the region of Oceania. The chapter looks first at the extent to which actors in the region have engaged with international refugee law. While adherence to international refugee law treaties is relatively low, it is not non-existent. The chapter then considers the approach to refugee law of the traditional regional hegemon: Australia. For decades, Australia has worked to encourage its regional neighbours to adopt policies that complement its own approach to refugee matters. Although Australia has had some success in obtaining support for its refugee policies from Pacific Island States, there have also been pockets of strong resistance. Finally, the chapter assesses some of the approaches to displacement adopted by Pacific Island States.

International Law and Regional Norm Smuggling: How the EU and ASEAN Redefined the Global Regime on Human Trafficking

The European Union (EU) and the Association of Southeast Asian Nations (ASEAN) have developed fundamentally different regional regimes to address human trafficking despite both drawing on the framework established by the U.N. Palermo Protocol. These regimes have been deployed to achieve different missions: crime control animates the European framework whereas migration management informs the ASEAN regime. These different regional agendas have led to all central elements of the respective antitrafficking regimes being addressed differently including, the legal authority of the regional regime over domestic legislation, the allocation of responsibility between “sending” and “receiving” countries, their approaches to subjects of human trafficking, and the connectedness of each antitrafficking instrument to the wider regional regimes. The two regional responses challenge general assumptions about the universality and coherence of the growing international legal framework on human trafficking.

IMPORTANT LESSONS FROM AFRICAN HUMAN RIGHTS MECHANISM FOR ASEAN: COMMON PATH AND SELF-ENFORCING EQUILIBRIA

Ideally, regional regimes are promising for investigating and remedying human rights violations. This manuscript focuses on the establishment process of regional mechanisms in Africa, specifically on the similarities and dissimilarities among them and look at how the enforcement mechanisms work. It seeks and analyses the process of creating a mechanism to protect individuals' rights in the African region, and present thoughts about how the institution can improve in protecting their peoples' human rights. According to the African experience, institutional building is a long process requiring flexibility and adaptiveness to many conditions facing ahead. As it goes with many uncertainties, all stakeholders, especially those in power, have strong and proactive leadership. In this regard, ASEAN can follow African states’ path to seek and build their human rights mechanisms under their interest as well as other regions’ common paths, such as establishing a commission followed by a court. Further, Africa succeeded in creating a Self-Enforcing Equilibria where African states and elites believe that they can violate the rule and would be worse off if they did so. It has passed this step successfully by establishing human rights institution, including human rights court, to avoid that. Conclusively, African proves that human rights can be protected and promoted without damaging state sovereignty and along the principle of non-interference. Therefore, ASEAN can learn from African's experience. To begin with, ASEAN is unnecessary to have the ideal human rights convention; at the beginning, it shall focus on what it needs and what can be agreed upon. Keywords: ASEAN, Regional Human Rights, Self-Enforcing Equilibria AbstrakSecara ideal, rezim hukum regional menjanjikan dalam menyelidiki dan menyelesaikan pelanggaran hak asasi manusia. Tulisan ini memfokuskan diri pada proses pembentukan mekanisme regional di Afrika, terutama berkenaan persamaan dan perbedaan yang ada, serta meneliti cara kerja penegakan hukum yang ada. Tulisan ini turut menganalisis proses pembentukan mekanisme dalam melindungi hak individu di Afrika, dan memberikan pandangan bagaimana institusi terkait dapat mengembangkan diri dalam melindungi hak asasi manusia. Berdasarkan pengalaman Afrika, pembentukan institusi adalah proses panjang yang membutuhkan fleksibilitas dan adaptasi terhadap situasi masa depan. Oleh karena ketidakpastian yang ada, seluruh pihak yang terkait, terutama yang berkuasa, memiliki kepemimpinan yang kuat dan proaktif. ASEAN dapat mencontoh langkah negara Afrika dalam membangun mekanisme hak asasi manusia seturut kepentingannya dan juga mencontoh langkah umum wilayah lain, seperti membentuk komisi dan pengadilan. Afrika berhasil membentuk self-enforcing equilibria, di mana negara dan pemimpin Afrika sadar bahwa aturan tersebut dapat dilanggar, namun dengan konsekuensi yang buruk. Afrika telah membentuk institusi hak asasi manusia, termasuk pengadilan hak asasi manusia, untuk mencegah hal tersebut. Pada akhirnya, Afrika membuktikan bahwa hak asasi manusia dapat dilindungi dan dimajukan tanpa merusak kedaulatan negara dan sejalan dengan prinsip non-intervensi. Dalam hal ini, ASEAN tidak perlu memiliki konvensi hak asasi manusia pada tahap awal, melainkan memfokuskan diri terhadap kebutuhannya dan apa yang dapat diselesaikan bersama. Kata Kunci: ASEAN, HAM Regional, Self-Enforcing Equilibria

Nepal's Attempt to Escape Asymmetrical Interdependence with India

Nepal and India share interdependence with each other regarding economy and politics. India, as a powerful nation with adequate structural power, has been seen meddling with Nepal’s internal affairs and exploiting its economic and political vulnerability. The overall objective of this paper is to analyze the Nepalese foreign policies towards India and its attempt to escape this asymmetrical interdependence throughout the history till date. This paper also tries to identify the factors that influence the formulation of Nepalese foreign policies as well as the consequences of the implemented policies. Additionally, the study shows that with the ongoing radical changes brought by series of democratic successes in Nepalese political system, the traditional approach of Nepalese political leaders that existed before can be changed. Nepal is at a critical juncture where the policies it will make can change significantly with the assistance of international and regional regimes.

The Forest Policies of ASEAN and Montréal Process: Comparing Highly and Weakly Formalized Regional Regimes

Forests are governed by a combination of sub-national and national as well as global and regional regimes. Comparing the institutional variation of regional regimes, including their degrees of formalization, is gaining attention of studies on regionalism in International Relations. This study attempts to analyse the ways in which the selected cases of the forest-related Association of Southeast Asian Nations (ASEAN) and forest-focused Montréal Process (MP) regional regimes may have synergetic overlaps or disparity in their institutional design and forest policy development. For this, we combined IR’s ‘rational institutional design’ theory and a policy analysis approach. Using a qualitative data approach, we analyzed key structure-related historical regime documents (e.g., charters) issued since the inception of both regimes, and their latest forest policy initiatives for the periods 2016–2025 (Strategic Plan of Action for ASEAN Cooperation on Forestry) and 2009–2015 (Conceptual Framework for the Montréal Process Strategic Action Plan) with all relevant policy documents since the adoption of current policies. Based on that, we pose the empirical questions of how both regimes illustrate governance structure (i.e., institutional design), and on the other hand how to explain regime forest policies coherently and consistently in terms of their high versus low degree of formality. The results show that institutional design is highly explanatory based on treaty and non-treaty regime formation as well as forest-related/focused regime formation with the synergistic sustainable forest management (SFM) issue that embraces deforestation and forest degradation, biodiversity, timber certification, and greenhouse gas emission. Additionally, the results suggest that the policy goals adopted by both regimes are coherent and consistent based on the full set of policy elements. Concerning the remedy for fragmented global forest governance arrangements, both regimes would be an example of practicing SFM-focused policies with the incorporation of forest-related policy elements into a larger governance assemblage dealing with issues such as biodiversity conservation or climate change mitigation.

AGRICULTURAL LABOR AND LEISURE MODE: LEGAL ASPECTS

In the statute, there are changes of mind and specialty in the development of practical rationalregimes for the workforce for practical workplaces with the help of work. Recommendations were madefor the implementation of rational regional regimes for the protection of professional relations and theefficiency of production of employees to employees of Ukraine in Ukraine.