@article{oai:nagoya.repo.nii.ac.jp:00022826,
 author = {Durr, Schnutz Rudolf},
 journal = {Nagoya University Asian Law Bulletin},
 month = {Jun},
 note = {This paper, presented at the CALE Conference on “Multi-layered Constitutionalization in the Context of Integration in East Asia” (Nagoya, 8 February 2015), examines various avenues for establishing an Asian human rights protection system. A proposal to establish an Asian Court of Human Rights was made by the Constitutional Court of Korea at the 3rd Congress of the World Conference on Constitutional Justice in Seoul in September 2015. Following an overview of existing regional human rights protection systems in Europe, the Americas, Africa, the Arab League as well as earlier attempts in Asia, the paper looks into issues which should be addressed in setting up an Asian system. These include the scope ratione loci and notably the question whether and which international organisation could provide an institutional framework for the system. A key to success is the question which criteria participating countries should fulfil. Drawing on European organisational structures, the author recommends a system of variable geometry, in which first only few likeminded countries participate. Later, partial opt-outs could be envisaged in order to enable also hesitating countries to participate but these countries should not be in a position to limit progress of the likeminded group of countries. The paper insists that from the outset the purpose of adding a regional layer of human rights protection in Asia should be full individual access in order to achieve a high common standard of human rights protection in Asia. While the system should be specifically designed for the Asian continent, a reference to Asian values must not be used to reduce the level of protection provided. The necessary dialogue on establishing the Court should involve many actors (universities, civil society, constitutional and supreme courts, etc.), even if eventually a treaty will have to be prepared by governments.},
 pages = {17--47},
 title = {The Venice Commission’s Involvement in the Establishment of a Human Rights Protection System in Asia : (Variable) Geography and other relevant issues},
 volume = {1},
 year = {2016}
}