Publications

This is a searchable catalogue of the College's most recent books, book chapters, journal articles and working papers. The ANU College of Law also publishes a Research Paper Series on SSRN.

Living with Myanmar

Living with Myanmar

Author(s): Jonathan Liljeblad

Since 2011 Myanmar has experienced many changes to its social, political and economic landscape. The formation of a new government in 2016, led by the National League for Democracy, was a crucially important milestone in the country’s transition to a more inclusive form of governance. And yet, for many people everyday struggles remain unchanged, and have often worsened in recent years. Key economic, social and political reforms are stalled, conflict persists and longstanding issues of citizenship and belonging remain.  

The wide-ranging, myriad and multiple challenges of Living with Myanmar is the subject of this volume. Following the Myanmar Update series tradition, each of the authors offers a different perspective on the sociopolitical and economic mutations occurring in the country and the challenges that still remain. The book is divided into six sections and covers critical issues ranging from gender equality and identity politics, to agrarian reform and the representative role of parliament. Collectively, these voices raise key questions concerning the institutional legacies of military rule and their ongoing role in subverting the country’s reform process. However, they also offer insights into the creative and productive ways that Myanmar’s activists, civil society, parliamentarians, bureaucrats and everyday people attempt to engage with and reform those legacies.

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Centre: CIPL

Research theme: Law, Governance and Development

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National Human Rights Institutions (NHRIs) and the Hazards of Being the Nexus between Global and Local: A Case Study of the Myanmar National Human Rights Commission (MNHRC) in the Maelstrom of Public Controversy

Author(s): Jonathan Liljeblad

National Human Rights Institutions (NHRIs), as set forth in the 1993 Paris Principles, are expected to be independent bodies that promote and monitor state implementation of international human rights standards. In such a role, an individual NHRI bridges the gap between “international human rights obligations and actual enjoyment of human rights on the ground” and thereby operates as a nexus between a global human rights system and local conditions. A location at the nexus has the potential to offer opportunities to exercise powers as an intermediary on behalf of human rights in terms of enabling engagement between global and local levels. The analysis, however, draws upon the experiences of the Myanmar National Human Rights Commission (MNHRC) to assert that there are limits for institutions at the nexus between global and local. Using a public controversy from 2016 that questioned the legitimacy of the MNHRC and threatened its existence as an NHRI, the analysis seeks to improve understanding of the risks facing NHRIs and add insight into the ways contextual politics challenge expectations for NHRIs to operate as human rights intermediaries.

Read on SSRN

Centre: CIPL

Research theme: Environmental Law, Human Rights Law and Policy, Indigenous Peoples and the Law, International Law, Law, Governance and Development

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Beyond Transnational Advocacy: Lessons from Engagement of Myanmar Indigenous Peoples with the UN Human Rights Council Universal Periodic Review

Author(s): Jonathan Liljeblad

On July 21, 2015, the Coalition of Indigenous Peoples in Myanmar/Burma (CIPM), a group representing 24 indigenous rights organizations in Myanmar, announced they were submitting a report to the Universal Periodic Review (UPR) session on Myanmar. The use of the UPR represents an attempt by Myanmar’s indigenous groups to address a variety of issues not traditionally associated with human rights, among them: environmental grievances associated with alleged government seizure of land, deforestation, pollution, and suppression of land-use rights.

The use of the UPR also illustrates an indigenous strategy of reaching up to an international level in order to address problems at a local one: the CIPM resorted to the UPR in hopes of mobilizing pressure to change the behavior of the Myanmar government. This article explores the experiences of the CIPM with the UPR to draw lessons for other groups that seek to use the UPR to advance their interests.

Read on SSRN

Centre: CIPL

Research theme: Environmental Law, Human Rights Law and Policy, Indigenous Peoples and the Law, International Law, Law, Governance and Development

Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team