AJIL Unbound最新文献_第2页

Compliance with Advisory Opinions in the Inter-American Human Rights System 美洲人权体系遵守咨询意见的情况

AJIL Unbound Pub Date : 2023-12-04 DOI: 10.1017/aju.2023.51

Walter Arévalo Ramírez, Andrés Rousset Siri

引用次数: 0

Competing Perspectives and Dialogue in Climate Change Advisory Opinions 气候变化咨询意见中的竞争观点和对话

AJIL Unbound Pub Date : 2023-12-04 DOI: 10.1017/aju.2023.50

Maria Antonia Tigre, Armando Rocha

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引用次数: 0

International Recognition of the Right to a Healthy Environment: What Is the Added Value for Latin America and the Caribbean? 国际承认健康环境权:拉丁美洲和加勒比的附加价值是什么?

AJIL Unbound Pub Date : 2023-07-31 DOI: 10.1017/aju.2023.28

Maria Antonia Tigre

{"title":"International Recognition of the Right to a Healthy Environment: What Is the Added Value for Latin America and the Caribbean?","authors":"Maria Antonia Tigre","doi":"10.1017/aju.2023.28","DOIUrl":"https://doi.org/10.1017/aju.2023.28","url":null,"abstract":"Although there is still no United Nations treaty on the right to a healthy environment, the recognition of the right by the UN General Assembly and the UN Human Rights Council have helped solidify its status as customary international law. The overwhelming recognition of the right at the national and regional levels, and now at the United Nations, evidences greater uniformity and certainty in understanding human rights obligations relating to the environment. But what value do the resolutions add to the regional recognition of the right in Latin America and the Caribbean (LAC)? Through judicial and legislative developments, LAC has provided fertile ground for the flourishing of the right to a healthy environment. The region has seen some of the most innovative responses to the fragmented fields of human rights and the environment, providing a model for progressive legal development. Within this context, this essay focuses on how UN recognition of the new right may impact the burgeoning law on human rights and the environment in LAC. I argue that the resolutions should support the already rich environmental and climate jurisprudence in the region to realize the full potential of the right to a healthy environment. The right to a healthy environment can further solidify the role of the Inter-American Court of Human Rights (IACtHR) as a leading human rights court in environmental protection, with wide-ranging implications for rights-based environmental (and climate) litigation.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42728962","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 a Healthy Environment and the Global South 健康环境权与全球南方

AJIL Unbound Pub Date : 2023-07-31 DOI: 10.1017/aju.2023.26

Carmen Gonzalez

引用次数: 0

The Right to a Healthy Environment: Beyond Twentieth Century Conceptions of Rights 健康环境权:超越二十世纪的权利概念

AJIL Unbound Pub Date : 2023-07-31 DOI: 10.1017/aju.2023.30

Philip Alston

引用次数: 0

From the “Green Turn” to the Recognition of an Autonomous Right to a Healthy Environment: Achievements and Challenges in the Practice of UN Treaty Bodies 从 "绿色转向 "到承认享有健康环境的自主权利：联合国条约机构实践中的成就与挑战

AJIL Unbound Pub Date : 2023-07-31 DOI: 10.1017/aju.2023.31

Hélène Tigroudja

{"title":"From the “Green Turn” to the Recognition of an Autonomous Right to a Healthy Environment: Achievements and Challenges in the Practice of UN Treaty Bodies","authors":"Hélène Tigroudja","doi":"10.1017/aju.2023.31","DOIUrl":"https://doi.org/10.1017/aju.2023.31","url":null,"abstract":"Since the end of the 2010s, some of the UN human rights treaty bodies have affirmed and enhanced states’ obligations in relation to the environment. This “green turn,” deeply influenced by the jurisprudence of the regional human rights tribunals and the work of UN Special Procedures, raises the question of the potential recognition of an autonomous right to a healthy environment—that is, a free-standing right that is not primarily derived from existing human rights. The claim of this essay is that in the absence of a clear mandate from states to the treaty bodies to monitor the implementation of the right, its symbolic affirmation will have only limited impact. Inspired by the discussions at the Council of Europe on the adoption of a new Protocol to the European Convention of Human Rights, states at the UN level should go further and work toward a binding protocol. However, this raises the difficult issue of connecting the right to civil and political rights, to economic, social, and cultural rights, or to a specific instrument such as the Convention on the Rights of the Child. Ultimately, this essay reflects the shortcomings of the binary approach separating human rights into hermetic categories.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139353567","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

Introduction to Symposium on UN Recognition of the Human Right to a Healthy Environment 联合国承认享有健康环境的人权专题讨论会导言

AJIL Unbound Pub Date : 2023-07-31 DOI: 10.1017/aju.2023.25

John H. Knox

{"title":"Introduction to Symposium on UN Recognition of the Human Right to a Healthy Environment","authors":"John H. Knox","doi":"10.1017/aju.2023.25","DOIUrl":"https://doi.org/10.1017/aju.2023.25","url":null,"abstract":"In July 2022, the United Nations General Assembly adopted a resolution recognizing the human right to a clean, healthy, and sustainable environment. Its proponents hope that the resolution will catalyze further action, but many of the states voting for it expressed the view that it has no legal effect in itself. Will UN recognition of this right nevertheless change international law? If so, how? This symposium brings together the perspectives of six distinguished scholars on this question. Philip Alston and Carmen Gonzalez examine how recognition may change our understanding of human rights law; Hélène Tigroudja and Maria Antonia Tigre analyze its impact on the burgeoning environmental jurisprudence of the UN human rights treaty bodies and the Inter-American Court of Human Rights; Rosemary Mwanza explores how the right may affect parallel efforts to codify the crime of ecocide; and Louis Kotzé concludes by arguing that the right still falls short of the transformational shift necessary to recognize and protect the rights of nature and of future generations. Before describing their contributions in more detail, this introduction reviews the background of the resolution and describes its main provisions.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45836130","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 a Healthy Environment as a Catalyst for the Codification of the Crime of Ecocide 健康环境权促进生态灭绝罪的法典化

AJIL Unbound Pub Date : 2023-07-31 DOI: 10.1017/aju.2023.29

R. Mwanza

引用次数: 1

Introduction to the Symposium on Critical International Law and Technology 批判国际法与技术研讨会简介

AJIL Unbound Pub Date : 2023-06-26 DOI: 10.1017/aju.2023.24

Fleur Johns, G. Noll

引用次数: 0

Bias in Social Media Content Management: What Do Human Rights Have to Do with It? 社交媒体内容管理中的偏见：人权与之有什么关系？

AJIL Unbound Pub Date : 2023-06-26 DOI: 10.1017/aju.2023.23

Dorothea Endres, Luisa Hedler, Kebene Wodajo

{"title":"Bias in Social Media Content Management: What Do Human Rights Have to Do with It?","authors":"Dorothea Endres, Luisa Hedler, Kebene Wodajo","doi":"10.1017/aju.2023.23","DOIUrl":"https://doi.org/10.1017/aju.2023.23","url":null,"abstract":"In a global context where political campaigning, social movements, and public discourse increasingly take place online, questions regarding the regulation of speech by social media platforms become ever more relevant. Companies like Facebook moderate content posted by users on their platforms through a mixture of automated decision making and human moderators. In this content moderation process, human rights play an ambiguous role: those who struggle with marginalization may find a space for expression and empowerment, or face exacerbation of pre-existing bias. Focusing on the role of human rights in Meta's content management, this essay explores how the protection of speech on social media platforms disadvantages the cultural, social, and economic rights of marginalized communities. This is not to say that speech on social media platforms is devoid of emancipatory potential, but that this potential is not uniformly or equally accessible. We see the incorporation of human rights considerations into decision-making processes as an avenue for alleviating this challenge. This approach faces obstacles from the platforms’ business models, which decenters human rights concerns, and from the limitations of liberal accounts of human rights. From within and against these constraints, human rights can be mobilized as emancipatory power in an effort to decrease marginalization.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44264076","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