{"title":"国家人权机构、域外义务和东南亚的水电:该地区威权转向的影响","authors":"Carl Middleton","doi":"10.14764/10.ASEAS-2018.1-5","DOIUrl":null,"url":null,"abstract":"This article examines the role of National Human Rights Institutions (NHRIs) and transnational civil society in pursing Extraterritorial Obligation (ETO) cases in Southeast Asia as a means to investigate human rights threatened by cross-border investment projects. Two large hydropower dams under construction in Laos submitted to NHRIs from Thailand and Malaysia, namely the Xayaburi Dam and Don Sahong Dam, are detailed as case studies. The article argues that the emergence of ETOs in Southeast Asia, and its future potential, is dependent upon the collaborative relationship between the NHRIs and transnational civil society networks. Whilst NHRIs are in positions of political authority to investigate cases, civil society also enable cases through networking, research, and public advocacy. Further institutionalization of ETOs is significant to emerging regional and global agendas on business and human rights, including the UN Guiding Principles on Business and Human Rights that both the Thai and Malaysian governments have expressed commitment to. However, in Thailand and its neighboring countries where investments are located there has been an authoritarian turn. Reflecting this, there are weakening mandates of NHRIs and reduced civil and political freedoms upon which civil society depends that challenges the ability to investigate and pursue cases.","PeriodicalId":37990,"journal":{"name":"Austrian Journal of South-East Asian Studies","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2018-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":"{\"title\":\"National Human Rights Institutions, Extraterritorial Obligations and Hydropower in Southeast Asia: Implications of the Region’s Authoritarian Turn\",\"authors\":\"Carl Middleton\",\"doi\":\"10.14764/10.ASEAS-2018.1-5\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This article examines the role of National Human Rights Institutions (NHRIs) and transnational civil society in pursing Extraterritorial Obligation (ETO) cases in Southeast Asia as a means to investigate human rights threatened by cross-border investment projects. Two large hydropower dams under construction in Laos submitted to NHRIs from Thailand and Malaysia, namely the Xayaburi Dam and Don Sahong Dam, are detailed as case studies. The article argues that the emergence of ETOs in Southeast Asia, and its future potential, is dependent upon the collaborative relationship between the NHRIs and transnational civil society networks. Whilst NHRIs are in positions of political authority to investigate cases, civil society also enable cases through networking, research, and public advocacy. Further institutionalization of ETOs is significant to emerging regional and global agendas on business and human rights, including the UN Guiding Principles on Business and Human Rights that both the Thai and Malaysian governments have expressed commitment to. However, in Thailand and its neighboring countries where investments are located there has been an authoritarian turn. Reflecting this, there are weakening mandates of NHRIs and reduced civil and political freedoms upon which civil society depends that challenges the ability to investigate and pursue cases.\",\"PeriodicalId\":37990,\"journal\":{\"name\":\"Austrian Journal of South-East Asian Studies\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2018-06-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Austrian Journal of South-East Asian Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.14764/10.ASEAS-2018.1-5\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Austrian Journal of South-East Asian Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.14764/10.ASEAS-2018.1-5","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"Social Sciences","Score":null,"Total":0}
National Human Rights Institutions, Extraterritorial Obligations and Hydropower in Southeast Asia: Implications of the Region’s Authoritarian Turn
This article examines the role of National Human Rights Institutions (NHRIs) and transnational civil society in pursing Extraterritorial Obligation (ETO) cases in Southeast Asia as a means to investigate human rights threatened by cross-border investment projects. Two large hydropower dams under construction in Laos submitted to NHRIs from Thailand and Malaysia, namely the Xayaburi Dam and Don Sahong Dam, are detailed as case studies. The article argues that the emergence of ETOs in Southeast Asia, and its future potential, is dependent upon the collaborative relationship between the NHRIs and transnational civil society networks. Whilst NHRIs are in positions of political authority to investigate cases, civil society also enable cases through networking, research, and public advocacy. Further institutionalization of ETOs is significant to emerging regional and global agendas on business and human rights, including the UN Guiding Principles on Business and Human Rights that both the Thai and Malaysian governments have expressed commitment to. However, in Thailand and its neighboring countries where investments are located there has been an authoritarian turn. Reflecting this, there are weakening mandates of NHRIs and reduced civil and political freedoms upon which civil society depends that challenges the ability to investigate and pursue cases.
期刊介绍:
The Austrian Journal of South-East Asian Studies (ASEAS) is an international, interdisciplinary and open access social sciences journal covering a variety of topics (culture, economics, geography, politics, society) from both historical and contemporary perspectives. Topics should be related to Southeast Asia, but are not restricted to the geographical region, when spatial and political borders of Southeast Asia are crossed or transcended, e.g., in the case of linguistics, diaspora groups or forms of socio-cultural transfer. ASEAS publishes two focus issues per year and we welcome out-of-focus submissions at any time. The journal invites both established as well as young scholars to present research results and theoretical and methodical discussions, to report about on-going research projects or field studies, to publish conference reports, to conduct interviews with experts in the field, and to review relevant books. Articles can be submitted in German or English.