LSN: International Human Rights Issues (Topic)最新文献

{"title":"Engaging Darryl Robinson's Justice in Extreme Cases: Introduction to the Symposium","authors":"Margaret M. deGuzman","doi":"10.2139/ssrn.3896582","DOIUrl":"https://doi.org/10.2139/ssrn.3896582","url":null,"abstract":"This symposium introduction provides an overview of the issues raised by fourteen scholars of international criminal law as they engage with Darryl Robinson's excellent book, Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law.","PeriodicalId":102429,"journal":{"name":"LSN: International Human Rights Issues (Topic)","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132022993","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Positive State Obligations Regarding Fundamental Rights and ‘Changing the Hearts and Minds’","authors":"K. Henrard","doi":"10.5553/elr.000167","DOIUrl":"https://doi.org/10.5553/elr.000167","url":null,"abstract":"When having regard to positive state obligations to (aim to) eradicate ingrained prejudice and stereotypical thinking, the ultimate question seems to be whether and, if so, to what extent, states are obliged (to try) to change people’s hearts and minds. This undoubtedly controversial question was the subject of an international conference, organised at the Erasmus University Rotterdam in January 2020, with the generous financial support of the Erasmus Trust Fund, the EUR Initiative of Inclusive Prosperity and ESL’s Rule of Law research programme.<br>In order to address this complex question in an appropriate manner, three avenues were identified, resulting in three strands of presentations. The first strand set out to develop the parameters for such positive state obligations from a multi-disciplinary perspective, more particularly combining the parameters visible in the human rights paradigm, as well as in sociology and ethics.<br>The second strand of presentations zoomed in on the time factor involved, in the sense that countering deep-seated prejudice and discrimination is a process that takes considerable time, has a ‘long durée’, and is often not linear. The third strand of presentations charted the trends that emerge in the (quasi) jurisprudence of a range of international human rights courts, when zooming in on particular vulnerable groups, often targets of prejudice and discrimination, more particularly Roma, Muslim minorities in the Western world, LGBTI and persons with a disability.<br>This special issue of Erasmus Law Review captures the presentations and subsequent discussions at the international conference, and thus reflects the three strands.","PeriodicalId":102429,"journal":{"name":"LSN: International Human Rights Issues (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131388933","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Mechanisms for Consultation and Free, Prior and Informed Consent in the Negotiation of Investment Contracts","authors":"Sam Szoke-Burke, K. Cordes","doi":"10.2139/ssrn.3630615","DOIUrl":"https://doi.org/10.2139/ssrn.3630615","url":null,"abstract":"Investor-state contracts are regularly used in low- and middle-income countries to grant concessions for land-based and natural resource investments, such as agricultural, extractive industry, forestry, or renewable energy projects. These contracts are rarely negotiated in the presence of, or with meaningful input from, the people who risk being adversely affected by the project. This practice will usually risk violating requirements for meaningful consultation, and, where applicable, free, prior and informed consent (FPIC), and is particularly concerning when the investor-state contract gives the investor company rights to lands or resources over which local communities have legitimate claims.<br><br>This article explores how consultation and FPIC processes can be practically integrated into investor-state contract negotiations to better safeguard the land rights and human rights of members of project-affected communities. Based on a review of relevant international law standards and guidance documents, a close analysis of typical investor-state negotiations and of consultation and consent processes in other contexts, and a workshop with Indigenous and civil society representatives, the article provides three options for integrating consultation and consent processes into contract negotiations, the appropriateness of which will vary depending on local contexts and communities’ resources and decision-making structures.","PeriodicalId":102429,"journal":{"name":"LSN: International Human Rights Issues (Topic)","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116735444","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Indeterminacy, Disagreement and the Human Rights Act: An Empirical Study of Litigation in the UK House of Lords and Supreme Court 1997–2017","authors":"Michael Blackwell","doi":"10.1111/1468-2230.12490","DOIUrl":"https://doi.org/10.1111/1468-2230.12490","url":null,"abstract":"This article explores the impact of the Human Rights Act 1998 on the decision making of the House of Lords (UKHL) and the UK Supreme Court (UKSC). How does Convention rights content vary across areas of law in the UKHL/UKSC? Are some judges more likely than others to engage in Convention rights discourse? Is judicial disagreement more common in cases with higher levels of Convention rights discourse? A robust method of answering questions of this nature is developed and applied to decisions of the UKHL/UKSC, showing that the Convention rights content of decisions has varied over time and over substantive areas of law. Higher levels of human rights discourse are associated with greater levels of disagreement. A benchmarked measure of human rights content is developed to show the effect of the particular judge on the human rights content, illustrating the indeterminacy in human rights discourse and how its deployment can be contingent on judicial attitudes.","PeriodicalId":102429,"journal":{"name":"LSN: International Human Rights Issues (Topic)","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127393341","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Austerity-Based Labour Market Reforms in Greece v. Fundamental Rights in the Aftermath of the European Debt Crisis: An Analysis of Supranational and National Bodies’ Jurisprudence","authors":"Nikolaos A. Papadopoulos","doi":"10.2139/ssrn.3276880","DOIUrl":"https://doi.org/10.2139/ssrn.3276880","url":null,"abstract":"The recent debt crisis in Europe has resulted in a significant number of structural reforms implemented in EU Member States across various fields, including the labour market, either in the context of the bailout mechanisms or the EU Economic Governance framework. This development has provoked fundamental rights concerns and has consequently given rise to litigation strategies that put austerity reforms under the test of legality before supranational and national competent bodies and courts. However, the jurisprudence that has developed in that regard seems incoherent and shows real differences in approach. This study analyses the paths of judicial reasoning that supranational and Greek bodies have adopted in fundamental rights cases challenging austerity-based labour market reforms implemented in Greece during the European Debt Crisis. It concludes that different paths of reasoning have been adopted, which could even be regarded as conflicting at several instances. They are thus reflecting the well-known particularities and discrepancies of fundamental rights protection in Europe as well as the conflicting relationship of social rights with economic and fiscal considerations imposed by austerity in times of crisis and beyond.\u0000Austerity, Greece, labour market reforms, fundamental rights, European Debt Crisis, social rights, labour law, ECHR, European Social Charter, Court of Justice of the European Union","PeriodicalId":102429,"journal":{"name":"LSN: International Human Rights Issues (Topic)","volume":" 17","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120935898","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Accountability Without Liability: ‘To Whom’ and ‘With What Consequences’? (Questions for the 2019 OECD Privacy Guidelines Review)","authors":"G. Greenleaf","doi":"10.2139/SSRN.3384427","DOIUrl":"https://doi.org/10.2139/SSRN.3384427","url":null,"abstract":"The concept of accountability, though present in international data protection agreements since the 1980s, has gained more prominence since its elaboration in the 2013 revision of the OECD privacy Guidelines and the 2016 EU General Data Protection Regulation (GDPR). In the GDPR art. 24 ‘demonstrable accountability’ has become an additional and separate obligation on data controllers. If a controller fails to so demonstrate compliance, the supervisory authority can order it to bring its processing operations into compliance, and/or impose an administrative fine. The GDPR implementation can be described as ‘accountability with liability’. \u0000 \u0000The wording of the 2013 revisions of the OECD Guidelines new Part Three ‘Implementing Accountability’ leaves a number of matters ambiguous that would benefit from clarification in the revision of the Guidelines, so as to move from ‘accountability without liability’, to ‘accountability with liability’. This paper proposes three revisions. \u0000 \u0000APEC (Asia Pacific Economic Cooperation)’s Cross-border Privacy Rules system (CBPRs), is regarded as a leading non-legislative implementations of ‘accountability’, including in the 2013 revision of the Guidelines. I argue that it is a very unsuccessful implementation, which should not be followed, nor promoted by the Guidelines. There are three main reasons: \u0000• After being in operation for seven years, only two countries – the USA and Japan – participate fully, in that they have nominated an AA and that AA certifies companies. Even the participation of these two countries should be classified as a failure, since on 24 US companies have been certified since 2013, and 3 Japanese companies since 2015. \u0000• There are a few aspects of the operation of APEC’s CBPRs (removal of certification, referrals to PEAs, and anonymised case notes) which go directly to the questions of whether either its Accountability Agents (AAs), or the companies they certify, really are ‘accountable’ in the sense of having any liability for failure to comply with CBPRs rules. Despite six years as the USA’s AA, TrustArc’s web pages do not contain any information at all about any of these matters. \u0000• The potential for ‘interoperability’ between CBPRs and other international instruments concerning data protection, is mentioned in Background Papers and the Guidelines themselves. The Guidelines are too low a standard to suit this purpose, as the EU has recognized in it adequacy decision concerning Japan. \u0000 \u0000In conclusion, five recommendations are made to address accountability gaps in the OECD Privacy Guidelines, including removal of misleading references to APEC CBPRs.","PeriodicalId":102429,"journal":{"name":"LSN: International Human Rights Issues (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125415240","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Restorative Pathways after Mass Environmental Victimization: Walking in the Landscapes of Past Ecocides","authors":"Gema Varona","doi":"10.35295/OSLS.IISL/0000-0000-0000-1044","DOIUrl":"https://doi.org/10.35295/OSLS.IISL/0000-0000-0000-1044","url":null,"abstract":"Departing from the parallelism between large-scale human rights violations and the complex notion of ecocide, some conceptual remarks will be drawn within the realm of green victimology and restorative justice. By questioning the frameworks of victimhood and the irreversibility of ecocide, some conclusions about the meaning of informal practices of memorialization in mass victimization can be discussed. To illustrate these ideas, the Prestige case in Spain will be briefly presented as a case study. Partiendo del paralelismo entre las violaciones de derechos humanos a gran escala y la compleja nocion de ecocidio, se realizaran algunas consideraciones conceptuales dentro del campo de la victimologia verde y la justicia restaurativa. Al cuestionar los marcos de la victimidad y de la irreversibilidad del ecocidio, se debatiran algunas conclusiones sobre el significado de ciertas practicas informales de memorializacion en procesos de victimizacion en masa. Para ilustrar estas ideas se recurrira de forma sucinta, como caso de estudio, a las consecuencias del Prestige en Espana. Available from: https://doi.org/10.35295/osls.iisl/0000-0000-0000-1044","PeriodicalId":102429,"journal":{"name":"LSN: International Human Rights Issues (Topic)","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131215748","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pathways to Justice in a Globalised World: An Assessment of the Justiciability of the Extraterritorial Obligations in the Area of Economic, Social and Cultural Rights","authors":"J. Jackson","doi":"10.2139/ssrn.3264561","DOIUrl":"https://doi.org/10.2139/ssrn.3264561","url":null,"abstract":"In the era of neoliberal globalisation, the enjoyment of human rights is increasingly contingent on extraterritorial forces. If human rights law is to meet the demands of social justice, fulfil its promise of universality, and account for power in a globalised world, human rights obligations must extend beyond States’ borders. While the extra-territorial obligations (‘ETOs’) of States regarding economic, social and cultural rights (‘ESC rights’) are being developed, it remains to be seen how they will be enforced. <br><br>Addressing the issue, this paper considers whether the ETOs pertaining to ESC rights can and should be judicially enforceable. The paper submits that: (1) there is a strong normative case that the ETOs of ESC rights should be subjected to judicial review; and (2) courts are capable of enforcing their attendant obligations. Consequently, potential pathways exist for communities to seek justice for violations of their ESC rights in a globalised world.","PeriodicalId":102429,"journal":{"name":"LSN: International Human Rights Issues (Topic)","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132834892","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Hunt for Phosphate Shipments from the Western Sahara and the Curious Case of the NM Cherry Blossom – Whither State Immunity and Act of State?","authors":"T. Ruys","doi":"10.2139/ssrn.3220529","DOIUrl":"https://doi.org/10.2139/ssrn.3220529","url":null,"abstract":"Early 2018, the Polisario Front and the Saharawi Arab Democratic Republic (SADR) obtained a favourable ruling from the South African Courts, granting the SADR it ownership over a cargo of phosphate aboard the NM Cherry Blossom originating from a mine in the Moroccan-controlled part of the Western Sahara. Although largely unnoticed in legal doctrine, the Cherry Blossom case raises important questions concerning the outer bounds of State immunity and the scope of the act of State doctrine. In addition, the case holds potentially far-reaching ramifications for the international legal order if other domestic courts were to follow suit.","PeriodicalId":102429,"journal":{"name":"LSN: International Human Rights Issues (Topic)","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126306369","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Environmental Justice Reparations for Jeju Island","authors":"K. Rogers, K. Wenger","doi":"10.2139/ssrn.3035422","DOIUrl":"https://doi.org/10.2139/ssrn.3035422","url":null,"abstract":"Jeju Island provides a unique context for exploring remedies to mass harm. As a site of horrific historical human rights abuses and also ongoing present environmental degradation, Jeju offers a setting for exploring environmental justice as reparations. This Article argues for democratic, community-led environmental justice reparations prioritizing sustainable economic development and capacity building, aimed at benefiting Jeju residents rather than outside military, tourist, or other colonial interests.","PeriodicalId":102429,"journal":{"name":"LSN: International Human Rights Issues (Topic)","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126042198","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}