Asia-Pacific Journal on Human Rights and the Law最新文献_第3页

Increasing Trust in the Digital Market Through Regional Rules: the Case of Asia 通过区域规则增强对数字市场的信任：以亚洲为例

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2022-08-23 DOI: 10.1163/15718158-23020004

Katrin Nyman Metcalf, Ioannis Papageorgiou

{"title":"Increasing Trust in the Digital Market Through Regional Rules: the Case of Asia","authors":"Katrin Nyman Metcalf, Ioannis Papageorgiou","doi":"10.1163/15718158-23020004","DOIUrl":"https://doi.org/10.1163/15718158-23020004","url":null,"abstract":"\u0000Our daily lives get increasingly more digitalised, with cyberspace taking a central role in many different contexts in the public and private sectors. The nature of digital tools is such that they challenge the traditional notion of national borders and jurisdictions of nation states. The discussion about how the protection of rights is affected by modern technologies is ongoing globally, including new ways to make rules – in multistakeholder fora, as a mixture of soft and hard law, etc. In an increasingly globalised world, the notion of universal rights should provide a useful instrument with which to mitigate any negative effects of the challenges to traditional jurisdiction that the borderless cyber environment poses. Regional rulemaking can serve as a stepping-stone on the way to global rules. Although Europe is the most advanced continent generally when it comes to regional integration and regional protection of rights, various initiatives exist also elsewhere. Asia has traditionally not had strong regional integration systems or regional protection of rights. A specific ‘Asian view’ that is not open to regional initiatives has been mentioned, but this is challenged as digitalisation raises similar issues in all countries and a lack of harmonisation of rights protection can hinder trade. The nature of rights in the digital environment, with standards and less ‘political’ rights may speak in favour of greater possibilities for a regional approach in Asia.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49403963","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

Justice After Covid 19: an Analysis of the Challenges Faced by the Formal Justice Sector in Sri Lanka During a Global Pandemic 新冠肺炎疫情后的司法19：全球疫情期间斯里兰卡正规司法部门面临的挑战分析

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2022-08-23 DOI: 10.1163/15718158-23020003

Dinushika Dissanayake

{"title":"Justice After Covid 19: an Analysis of the Challenges Faced by the Formal Justice Sector in Sri Lanka During a Global Pandemic","authors":"Dinushika Dissanayake","doi":"10.1163/15718158-23020003","DOIUrl":"https://doi.org/10.1163/15718158-23020003","url":null,"abstract":"\u0000The formal justice sector in Sri Lanka is almost entirely reliant on physical interactions within the courtroom. Sri Lanka has committed to providing access to justice for all under both domestic and international law. Unfortunately, substantive access to justice for all continues to elude the marginalised. The global pandemic which emerged in January 2020 has thrown a further challenge on this already burdened system. The litigants, lawyers and judges who had relied on an already flawed system are now further physically distanced from the formal justice system. This means that these actors must now seek to ensure that access to justice is restored, albeit without full physical access to courtrooms. This article examines how Covid-19 challenged the dispensation of substantive justice in the formal justice system in order to suggest ways to mitigate these challenges. It discusses the challenges faced by lawyers and litigants during the period 14 March to 15 November 2020. This includes how the physical aspects of dispensation of the day-to-day caseload were resolved, and the strategies that were practised by lawyers, judges and litigants to circumvent these obstacles and challenges. Drawing on postcolonial feminist critique, information gathered through both primary data (gathering of qualitative and quantitative primary data) and secondary data (desk review of laws, regulations and rules), this article attempts to obtain insights into what challenges were experienced by marginalised communities and how these challenges were mitigated by the justice sector. The author applies the strategies used by persons who engaged with courtrooms in the midst of Covid-19 to the theoretical definitions of what justice should look like in an equal society. The article arrives at an understanding of the dispensation of justice during the Covid-19 pandemic.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42274518","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

Indonesia at the Intersection of Human Rights and International Investment: the Overlap of Law, Sovereignty and Global Value Chains 人权与国际投资交汇处的印度尼西亚：法律、主权与全球价值链的重叠

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2022-06-10 DOI: 10.1163/15718158-23020001

Hikmatul Ula, Kevin Sobel-Read, Cahyani Aisyiah

{"title":"Indonesia at the Intersection of Human Rights and International Investment: the Overlap of Law, Sovereignty and Global Value Chains","authors":"Hikmatul Ula, Kevin Sobel-Read, Cahyani Aisyiah","doi":"10.1163/15718158-23020001","DOIUrl":"https://doi.org/10.1163/15718158-23020001","url":null,"abstract":"\u0000In the changing dynamics of today’s world, globalisation and sovereignty remain centrally important. Simultaneously, international commerce in the form of global value chains is playing an increasingly significant role in linking and mediating the overlap of globalisation and sovereignty. Nation-state governments use law to manage this overlap. This article takes the example of Indonesia to explain and analyse this phenomenon. By examining the intersection of laws regarding foreign investment and human rights, it becomes possible to gain insight into the constraints that national governments face in regard to protecting local interests while catering to the demands of global commerce. Human rights protections, after all, benefit local welfare but inhibit investment because they impose costs on companies. In the Indonesian case, the government has been successful in implementing local human rights protections in its fishing industry but has largely failed in its mining industry. The reason is quite simple: given their power and the economic value of their investment, international mining companies are able to influence the government, whereas fishing firms, which are primarily smaller and domestic, lack comparable power. As a result, the power of global mining value chains is having a direct effect on decisions that a national government is making, and at the same time, the government’s decisions are reflections of compromises that it itself is willing to make (here, regulating fishing firms) and compromises that it is not willing to make (here, regulating mining companies). These decisions and relationships provide important lessons regarding the role of law in managing the tensions that global value chains pose on globalisation and sovereignty.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42295511","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

Judicial Enforceability of Economic, Social and Cultural Rights in Bangladesh: A Critical Evaluation 孟加拉国经济、社会和文化权利的司法可执行性:一个关键的评估

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2022-02-16 DOI: 10.1163/15718158-23010003

N. Mohammad, Sayed MM Hasan

引用次数: 0

Asia-Pacific Journal on Human Rights and the Law 亚太人权与法律杂志

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2022-02-16 DOI: 10.1163/15718158-23010005

引用次数: 0

Balancing the Indigenous Peoples’ Ancestral Sea Rights, and the State’s Obligation to Protect and Preserve the Marine Environment 平衡原住民祖先的海洋权利与国家保护和保全海洋环境的义务

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2022-02-16 DOI: 10.1163/15718158-23010002

Amiel Ian Valdez

{"title":"Balancing the Indigenous Peoples’ Ancestral Sea Rights, and the State’s Obligation to Protect and Preserve the Marine Environment","authors":"Amiel Ian Valdez","doi":"10.1163/15718158-23010002","DOIUrl":"https://doi.org/10.1163/15718158-23010002","url":null,"abstract":"\u0000There is a dynamic interplay between the State’s assertion of sovereignty over its territory, and the indigenous peoples’ claim over their traditionally owned seas. As experienced by the indigenous peoples in the Philippines and Australia, this dynamism is about lobbying for the recognition of their native title over ancestral seas, which includes their traditional fishing rights, and facing State interference with their affairs in managing these so-called sea countries. In this context, this article argues that there is sufficient basis for the recognition of an ancestral sea under the core human rights instruments, particularly through the lens of the indigenous peoples’ right to self-determination, right to enjoy or manifest culture, and right to protect their means of subsistence. It further argues that the State has a positive obligation to promote the realisation of ancestral rights, despite the Law of the Sea regime’s strong position on State sovereignty and sovereign rights, as well as a State duty in protecting and preserving the marine environment condition. Hence, there should be greater recognition of the role of indigenous peoples in managing the marine ecosystem of their ancestral seas.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43662298","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

A Note on the Philippine Anti-Torture Act’s Compliance with the Convention against Torture 关于菲律宾《反酷刑法》遵守《禁止酷刑公约》的说明

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2022-02-16 DOI: 10.1163/15718158-23010004

Banuar Reuben A. Falcon

引用次数: 0

Demystifying External Self-Determination and Remedial Secession in International Law 澄清国际法中的外部自决和补救性分离

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2022-02-16 DOI: 10.1163/15718158-23010001

Fatima Mehmood

{"title":"Demystifying External Self-Determination and Remedial Secession in International Law","authors":"Fatima Mehmood","doi":"10.1163/15718158-23010001","DOIUrl":"https://doi.org/10.1163/15718158-23010001","url":null,"abstract":"\u0000This article proposes remedial secession as an international legal solution conducive to the protection of the rights of the Kashmiri people. The triggering event for such a proposal is the unilateral abrogation of Article 370 of the Indian Constitution (which guaranteed Kashmir its semi-autonomous status within India) by the Government of India together with the subsequent human rights abuses in the region. External self-determination and remedial secession are not clearly recognised in the existing corpus of international law. This article aims to demystify external self-determination in international law and presents a normative argument in favour of recognising remedial secession in international law, albeit as a remedy of last resort, using Kashmir as a case study for its application. It is proposed that international law borrow from conflict-oriented approaches in political philosophy to garner adequate criteria in order to foreground, legitimise and properly delineate the contours of the proposed right to remedial secession. This article thus also presents possible means of effecting the proposed right to remedial secession, analyses their theoretical justifications and, through application in the context of Kashmir, discusses their practical value.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42520417","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

Procedural Rights Supporting Expeditious Trials for Juveniles 支持对未成年人进行快速审判的程序权利

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2021-11-29 DOI: 10.1163/15718158-22020004

A. Teeuwen

引用次数: 0

Legal Pluralism, Human Rights and the Right to Vote: The Case of the Noken System in Papua 法律多元主义、人权与选举权——以巴布亚的诺肯制度为例

Asia-Pacific Journal on Human Rights and the Law Pub Date : 2021-11-29 DOI: 10.1163/15718158-22020003

Ignatius Yordan Nugraha

{"title":"Legal Pluralism, Human Rights and the Right to Vote: The Case of the Noken System in Papua","authors":"Ignatius Yordan Nugraha","doi":"10.1163/15718158-22020003","DOIUrl":"https://doi.org/10.1163/15718158-22020003","url":null,"abstract":"\u0000The goal of this article is to explore the clash between international human rights law and a legal pluralist framework in the case of the noken system and also to investigate potential solutions to the clash. Elections in Indonesia are generally founded on the principle of direct, universal, free, secret, honest and fair voting. There is a notable exception in the Province of Papua, where tribes in the Central Mountains area are following the noken system. Under this system, votes are allocated to the candidate(s) based on the decision of the big man or the consensus of the tribe. The Indonesian Constitutional Court has accepted this practice as reflecting the customs of the local population. However, this form of voting seems to be contrary to the right to vote under international human rights law, since article 25(b) of the International Covenant on Civil and Political Rights stipulates that elections shall be held genuinely by universal suffrage and secret ballot to guarantee the free will of the electors. Consequently, the case of the noken system in Papua reflects an uneasy clash between a legal pluralist approach and universal human rights.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43374757","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: 1