Sovereignty Over Rights? Realism and Regime Theory Analysis of the ASEAN Intergovernmental Commission on Human Rights
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Issued Date
2025-01-01
Resource Type
ISSN
13881906
eISSN
15718158
Scopus ID
2-s2.0-105023404402
Journal Title
Asia Pacific Journal on Human Rights and the Law
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SCOPUS
Bibliographic Citation
Asia Pacific Journal on Human Rights and the Law (2025)
Suggested Citation
Jones W.J. Sovereignty Over Rights? Realism and Regime Theory Analysis of the ASEAN Intergovernmental Commission on Human Rights. Asia Pacific Journal on Human Rights and the Law (2025). doi:10.1163/15718158-20252003 Retrieved from: https://repository.li.mahidol.ac.th/handle/123456789/113434
Title
Sovereignty Over Rights? Realism and Regime Theory Analysis of the ASEAN Intergovernmental Commission on Human Rights
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Author's Affiliation
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Abstract
This article argues that the ASEAN Intergovernmental Commission on Human Rights (AICHR) is a product of realist logic, designed to reflect the strategic interests of ASEAN member states rather than to achieve rights protection. Rather than being an institution intended to evolve into an independent body, AICHR was designed to ensure that it would not pose a threat to state sovereignty. This structural constraint, codified in its Terms of Reference, were not accidental, but the outcome of political negotiation aimed at preserving national autonomy in the face of international human rights expectations. As a result, AICHR functions less as a regional rights nightwatchman and more as a diplomatic buffer, projecting an image of regional engagement while maintaining strict limits on oversight. This analysis contends that AICHR's structural weakness is not a transitional phase, but an enduring feature of a realist-informed regional order that prioritises sovereignty and regime security above human rights enforcement.