Asia-Pacific Journal on Human Rights and the Law最新文献_第2页

The Role of External Dynamics on Vietnam’s Ratification of the Convention Against Torture 外部动力因素对越南批准《禁止酷刑公约》的影响

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2023-02-15 DOI: 10.1163/15718158-24010002

Huan T. Vo

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Legal Mobilisation by Women with Disabilities in Indonesia 印度尼西亚残疾妇女的法律动员

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2023-02-15 DOI: 10.1163/15718158-24010001

Yogi Paramitha Dewi

引用次数: 1

Front matter 前页

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2023-02-15 DOI: 10.1163/15718158-24010000

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Fighting Against Disinformation from Foreign Forces? Or Suppressing Criticism from Domestic Opposition Parties? 对抗外国势力的虚假信息?还是压制国内反对党的批评?

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2023-02-15 DOI: 10.1163/15718158-24010003

Chih-Chieh Yang

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Investor-State Arbitration and Indigenous Rights 投资者-国家仲裁和土著权利

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2023-02-15 DOI: 10.1163/15718158-24010004

Inigo Kwan-Parsons

{"title":"Investor-State Arbitration and Indigenous Rights","authors":"Inigo Kwan-Parsons","doi":"10.1163/15718158-24010004","DOIUrl":"https://doi.org/10.1163/15718158-24010004","url":null,"abstract":"\u0000Investment treaties and investor-state dispute settlement (isds) have significantly affected indigenous rights, and led to legal developments regarding both the substantive rights in investments treaties (such as the inclusion of ‘carve out clauses’ intended to preserve the rights of indigenous peoples from foreign investors), and how tribunals deal with indigenous rights when adjudicating disputes. This article examines developments in this niche jurisprudence and discusses the implications thereof. It firstly considers the various rights of indigenous peoples seen to be at play in an international law context, and the various legal instruments in which some of those rights are reflected and derived from. Secondly, the article examines a selection of relevant investment treaties which have provisions affecting the rights of indigenous peoples that have been considered by tribunals. More recent investment treaties that have developed provisions which affect indigenous rights are also considered. Thirdly, this article examines how indigenous rights have been applied by tribunals in isds. Fourthly, it explores how indigenous rights may be further applied in isds and considers the practical application thereof. In doing so, it is argued that the development of isds jurisprudence in cases concerning indigenous rights, indicates an openness to considering, incorporating, and applying indigenous rights in isds.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47798366","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}

引用次数: 0

The Malaysian Media Council: Will Self-Regulation Work? 马来西亚媒体委员会:自我监管能起作用吗?

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2022-11-16 DOI: 10.1163/15718158-23030003

Hafidz Hakimi Haron, F. S. Shuaib

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Human Rights Protection in the Surrender of Fugitive Offenders between Mainland China, Hong Kong and Macau 香港与澳门移交逃犯的人权保障

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2022-11-16 DOI: 10.1163/15718158-23030004

Yanhong Yin

{"title":"Human Rights Protection in the Surrender of Fugitive Offenders between Mainland China, Hong Kong and Macau","authors":"Yanhong Yin","doi":"10.1163/15718158-23030004","DOIUrl":"https://doi.org/10.1163/15718158-23030004","url":null,"abstract":"\u0000 Regarding the construction of the surrender agreements between Mainland China, Hong Kong and Macau, there has been ongoing consideration and debate on the basic principles and rules. Human rights protection in the surrender of fugitive offenders between Mainland China, Hong Kong and Macau is as important as that in traditional extraditions. But the rights need to be protected in a sophisticated, interactive, and constructive way under the ‘one country, two systems’ regime. This article compares the extradition and surrender systems, concluding that Mainland China, Hong Kong and Macau should take human rights protection into serious consideration, while complying with the obligation to protect the common interest of the whole country and to promote human rights development in China. The combined obligations require that the requested region play a more responsible, involved and proactive role in surrender-related human rights issues. The European Arrest Warrant experience can offer some inspiration for this. But more tailored measures should be developed in the legal context of Mainland China, Hong Kong and Macau. The article identifies several specific human rights that should be protected in the surrender procedure. Some traditional extradition principles as well as human rights provisions have already been used to protect these rights. Human rights protections are contained in Chinese legislation, but more attention should be paid to law enforcement procedures in relation to the surrender of fugitive offenders. This article suggests that evaluation, assurance, monitoring, and reporting mechanisms should be applied, and the main role should be delegated to judicial authorities under the principle of mutual trust. This article also suggests that the procedural rights of the requested individuals in the requested region should be protected.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45424852","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}

引用次数: 0

The Right to Political Participation of Ethnic Minority Women in Vietnam 越南少数民族妇女的政治参与权

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2022-11-16 DOI: 10.1163/15718158-23030001

N. Yến, Nguyen Toan Thang

{"title":"The Right to Political Participation of Ethnic Minority Women in Vietnam","authors":"N. Yến, Nguyen Toan Thang","doi":"10.1163/15718158-23030001","DOIUrl":"https://doi.org/10.1163/15718158-23030001","url":null,"abstract":"\u0000 Political participation is one of the fundamental human rights widely recognised in core United Nations international human rights treaties. As an active and responsible member of the international community, Vietnam has continuously endeavoured to enforce international commitments and create a legal environment for the equal enjoyment of the political rights of all people, particularly women. However, given the gender characteristics and social stereotypes that have existed for many generations, ethnic minority women and girls are always at a disadvantage within the family and outside society. They face discrimination and compound inequality – both on the grounds of ethnicity and gender – in their living environment. It affects their accessibility, participation and enjoyment of their rights, including the right to participate in politics. This article will study the compatibility between international law and Vietnam’s policies in ensuring the political rights of ethnic minority women. It also identifies barriers to the enjoyment of their right to political power and makes recommendations to improve ethnic women’s position and voice in political life.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43724213","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}

引用次数: 0

Human Rights During the Pandemic and the National Human Rights Commission of Bangladesh 大流行期间的人权和孟加拉国国家人权委员会

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2022-11-16 DOI: 10.1163/15718158-23030002

Raihan Rahman Rafid

{"title":"Human Rights During the Pandemic and the National Human Rights Commission of Bangladesh","authors":"Raihan Rahman Rafid","doi":"10.1163/15718158-23030002","DOIUrl":"https://doi.org/10.1163/15718158-23030002","url":null,"abstract":"\u0000 The covid-19 outbreak has brought forth the existing cracks and crevices in the governance of Bangladesh. At such a time, the National Human Rights Commission of Bangladesh (nhrcb), as the only State institution mandated to protect and promote human rights exclusively and impartially, is tasked with a crucial role to ensure respect for human rights. This article assesses the activities undertaken by the nhrcb during the pandemic and finds that the nhrcb evinced only a limited role in monitoring the violation of rights and provided formulaic recommendations to the government. It did not observe the implementation of their recommendations and has performed rather formalistically. While the country has experienced a deteriorating human rights situation, the nhrcb has failed to flex its muscles when compared to other national human rights institutions in South Asia. This article argues that the national human rights institutions (nhri s) in India, Nepal and Sri Lanka, embedded in a similar context and armed with almost identical mandates, have demonstrated a novel and strenuous effort intending to adapt to and fulfil their functions during the unprecedented crisis. The nhrcb may benefit by learning from these nhri s as well as taking lessons from its own past activities. Previously, it did not eschew politically sensitive issues and earmarked a strong leadership even with limited institutional capacities. The nhrcb has however responded to the changing dynamics and challenges posed by the covid-19 pandemic with silence. It needs to become more vibrant to enhance, regionally and internationally, the country’s image in upholding human rights norms and standards.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43912062","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}

引用次数: 0

Towards the Human Right to Climatic Non-Interference 论气候不干涉的人权

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2022-08-23 DOI: 10.1163/15718158-23020002

A. Almutawa

引用次数: 0