Why Rights are Wrong in ASEAN and Beyond: A Critique of the Foundations of Universal Human Rights

D. Brian Scarnecchia

doi:10.21697/CSP.2020.24.1.21

Published: 2020-05-27

No. 24 (2020)

Why Rights are Wrong in ASEAN and Beyond: A Critique of the Foundations of Universal Human Rights

D. Brian Scarnecchia

Christianity-World-Politics

Section: Articles

https://doi.org/10.21697/CSP.2020.24.1.21

Abstract

The Association of Southeast Asian Nations (ASEAN) is a battleground, one theatre in what Pope Francis has referred to as a “World War” where universal human rights, ersatz rights, and Asian values clash. Its people seek to escape old style Asian dictators while at the same time ward off a new ideological colonisation. Part One of this article provides a brief overview of the development of ASEAN and its human rights mechanisms. Part Two then examines whether the original axiomatic listing of human rights or an iteration of human rights founded upon the human genome or a Kantian underpinning can legitimise human rights and, if not, whether reference to the human soul made in the image of God with its natural law may substantiate the human rights project, perhaps, articulated as congruent with the purpose and design courts now recognise in the natural laws found in every ecosystem of nature. Part Three contends that aspects of the public trust doctrine, i.e., the natural use principle and the precautionary principle, are analogous to natural law principles and, because ‘the book of nature is one”, these environmental law principles may help jurists to recognise a theory of natural law liability in order to promote and defend authentic human rights. Finally, the author recommends that NGOs of Catholic Inspiration should, when appropriate, appeal to immaterial realities, God and the human soul, as a firm foundation of human rights and, also, when appropriate, advance in domestic, regional and international venues a theory of natural law liability based on environmental law principles in order to promote and defend authentic human rights.

Keywords:

ASEAN, Asia, environmental protection, human rights, natural law

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Scarnecchia, D. B. (2020). Why Rights are Wrong in ASEAN and Beyond: A Critique of the Foundations of Universal Human Rights. Christianity-World-Politics, (24), 65–103. https://doi.org/10.21697/CSP.2020.24.1.21

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D. Brian Scarnecchia

burgonski@onet.eu
http://orcid.org/0000-0003-1399-9303

Affiliation:

Ave Maria School of Law in Naples, Florida United States

Bio Statement (e.g., department and rank)

Brian Scarnecchia is a Professor of Law at Ave Maria School of Law in Naples, Florida, where he teaches Jurisprudence, Bioethics, and the Law, and Catholic Social Teaching and the Law. He is the president of International Solidarity and Human Rights Institute (ISHRI), a non-governmental organization (NGO) in consultative status with the United Nations and the Organization of American States.