Nordic Journal of Human Rights最新文献

{"title":"Ruggie’s Double Movement: Assembling the Private and the Public Through Human Rights Due Diligence","authors":"A. Duval","doi":"10.1080/18918131.2023.2171633","DOIUrl":"https://doi.org/10.1080/18918131.2023.2171633","url":null,"abstract":"ABSTRACT Human rights due diligence (HRDD) is spreading fast as national laws mandating it multiply across the world. It appears that the due diligence process is about to shape the way we regulate the environmental and human rights impacts resulting from economic activities for years to come. While much of the existing scholarship on the topic is focused on HRDD's content and its concrete implications for businesses, this paper takes a step back to investigate its foundations. In particular, it outlines the core intellectual assumptions behind the approach of John G. Ruggie, the former UN Secretary-General's Special Representative for Business and Human Rights, and his embrace of HRDD. The paper suggests that Ruggie's turn to HRDD is grounded in a commitment to a double movement, comprising both the privatisation of the transnational governance of human rights through the empowerment of corporations as governance entities and the publicisation of corporate governance through the introduction of participatory spaces, transparency requirements, and external accountability processes. I argue that the tension between privatisation and publicisation is at the heart of the HRDD process and reflective of Ruggie's ambition to reassemble the private and the public into a new governance approach fitted to economic globalisation.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"31 1","pages":"279 - 303"},"PeriodicalIF":0.4,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83055334","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":"Artificial Intelligence and Human Rights: Corporate Responsibility in AI Governance Initiatives","authors":"Lottie Lane","doi":"10.1080/18918131.2022.2137288","DOIUrl":"https://doi.org/10.1080/18918131.2022.2137288","url":null,"abstract":"ABSTRACT Private businesses are central actors in the development of artificial intelligence (AI), meaning they have a key role in ensuring that AI respects human rights. Meanwhile, international human rights law (IHRL) has been scrambling to catch up with technological developments that have occurred since the establishment of its state-centric framework that were not envisaged by its drafters. Despite progress in the development of international legal standards on business and human rights, uncertainties regarding the role and responsibilities of AI businesses remain. This article addresses these uncertainties from a governance perspective and against the backdrop of the public/private divide; it views laws as instruments of governance, which comprises activities by many public and private actors. Section 2 briefly assesses the current framework of IHRL regarding AI and businesses, focusing on the lack of legal certainty. Section 3 critically analyses AI initiatives beyond IHRL that have been adopted at international, regional, and national levels to gain insight into specific standards of behaviour expected of AI businesses, as well as to challenge a dichotomous public/private divide in this context. Section 4 provides conclusions and recommendations.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"1 1","pages":"304 - 325"},"PeriodicalIF":0.4,"publicationDate":"2023-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88696250","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":"Intangible Cultural Heritage and Intellectual Property Protection as Two Sides of the Same Human Rights Coin: Memoryscapes and Traditional Boatbuilding in Estonia","authors":"Ave Paulus, Aleksei Kelli","doi":"10.1080/18918131.2023.2175452","DOIUrl":"https://doi.org/10.1080/18918131.2023.2175452","url":null,"abstract":"ABSTRACT This article focuses on the interaction between intangible heritage (ICH) and intellectual property (IP) as human rights in the context of cultural heritage protection. Rights constitute a core of any regulatory model; ICH and IP are each defined as human rights in numerous human rights conventions. Here, we explore how to integrate ICH into national legal orders and use IP to support the objectives of ICH protection. Our analysis relies on two case studies of the protection of intangible heritage in Estonia: the Lahemaa Memoryscapes project, which highlights collective and individual IP rights in the context of folklore, and traditional wooden boatbuilding in Estonia, which involves traditional knowledge, copyright, and industrial property rights problems. These two case studies reveal the elusive character of intangible heritage and heritage communities as rightsholders. We also use examples of other Estonian heritage projects, showing why IP and ICH mechanisms enable heritage communities to implement their human rights and build IP competencies with a special focus on ICH protection. We conceptualise human rights as practical tools to improve everyday life rather than as theoretical concepts.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"3 1","pages":"28 - 48"},"PeriodicalIF":0.4,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90320733","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":"Transcultural Diplomacy and International Law in Heritage Conservation: A Dialogue between Ethics, Law, and Culture","authors":"O. Quirico","doi":"10.1080/18918131.2023.2197719","DOIUrl":"https://doi.org/10.1080/18918131.2023.2197719","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"1 1","pages":"130 - 132"},"PeriodicalIF":0.4,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90096372","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":"Introduction: The Complex Relationship Between Human Rights and World Heritage","authors":"S. Ekern, P. B. Larsen","doi":"10.1080/18918131.2023.2192063","DOIUrl":"https://doi.org/10.1080/18918131.2023.2192063","url":null,"abstract":"Over the last 30 years or so, human rights scholars and heritage practitioners have dedicated more and more attention to the complexities of protecting and conserving pieces of collective social memory –monuments, sites, intangible heritage – for the benefit of future generations. This attention has increasingly been shaped in ways that ensure the compliance or compatibility of heritage policy and practice with international human rights law (IHRL) and its ultimate objective: humanity’s best interest. How can we understand these aspirational projects that combine and implement different universalising schemes at the same time? IHRL takes as its point of departure the claim that all humans are equal and made so by virtue of sharing dignity; it turns this claim into the only permitted raison d’état for contemporary state societies. Heritage workers, meanwhile, seek to carry out UNESCO’s mandate of recognising, managing, and in some respects eternalising universal values as they are expressed in human culture – individually as well as collectively, materially as well as immaterially. The intersection between the two projects leads to a complex and challenging relationship, but also offers a fruitful field of social science investigation. For social scientists, philosophers, and researchers in various disciplines, a first challenge concerns the multiple meanings of ‘dignity’, ‘heritage’, and ‘universal value’. What do these concepts mean in general and when translated into specific heritage contexts? Do they really exist, do they have practical consequences, and, if so, on what level? How can consequences be detected, and in what way can they be anchored? A second question concerns how rights and heritage discourses intersect, and what the outcomes are. In particular, contrasts between what the foundational texts of the UNESCO system say about protecting heritage and what the heads of international and governmental institutions actually order their organisations to do in practice have become a source of constant concern and frustration. In recent years numerous rights-oriented heritage initiatives have emerged to explore this conundrum, bridge the gap, and offer practical solutions. In anthropology, as a branch of the social sciences concerned with the constitution of social meaning, relations, and practices, a logical way to start an exploration of establishing universals and eternals is to take a closer look at the specific ‘human right to culture’. This right is simultaneously individual and collective, and requires dealing with the conditions for its creation as well as for its enjoyment. Heritage work itself is widely perceived as belonging to, and being expressive of, the cultural domain of human activities. It is moreover a sector shaped by local, national, and international organisations, not least UNESCO, as the United Nations body dedicated to culture as a whole and heritage in particular. In the World Heritage field, organisations such as ","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"7 1","pages":"1 - 7"},"PeriodicalIF":0.4,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84850448","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":"Protecting Traditional Knowledge: Lessons from Global Case Studies","authors":"S. Lopez","doi":"10.1080/18918131.2023.2196816","DOIUrl":"https://doi.org/10.1080/18918131.2023.2196816","url":null,"abstract":"At a time when our globalised world continues to have its focal point in capitalism, people who do not wish to assimilate into a dominant world seek ways to preserve their traditions. While there is no consensus on how to protect indigenous and local communities’ threatened traditional knowledge (TK) in a place where there are diverse national legal systems and a conflict between international instruments, Evana Wright sheds new light on the subject by arguing why sui generis regimes are the best protection for TK. This book serves as a handbook and a starting point for those intending to preserve TK, either with or without the explicit objective of preventing bio-piracy, including academics seeking ways to protect Indigenous and local communities’ rights to culture and self-determination. As Wright writes, protection needs to encompass a holistic concept of TK, and not limit the concept to a specific resource, which calls for transdisciplinary research on the subject. To summarise, Wright stated that the need to protect Indigenous and local communities’ TK comes from the continued acts of bio-piracy – bio-colonialism – around the world (14). The case studies in the book are Peru and India, two countries with a long history of having indigenous and local communities being exploited by industries and others who want to use and, in many cases, be granted patents for the use of their resources for different purposes (47). As contracting parties to the Convention on Biological Diversity (CBD) and the additional Nagoya Protocol, Peru and India have established regimes for protecting TK with respect to the sustainable use and development of biological resources (61). Free prior informed consent before accessing resources associated with TK and equitable sharing of benefits arising from such access is essential to international instruments and, thus, should permeate the national regimes, Wright states (196–197). As an attempt to argue for sui generis regimes as the best protection of TK and the possibility for diverse countries to establish them, Wright analyses the regimes in Peru and India through the lens of self-determination and applies the findings to an Australian context. Before moving on to its highlights, I will outline the book. In the introductory chapter, Wright explains the importance of protecting TK and discusses the essential international instruments, such as the CBD, the Nagoya Protocol, and the United Nations Declaration on the Rights of Indigenous Peoples. She also provides reflections on the relevance of selfdetermination as a lens to look at the need to protect TK. Furthermore, Wright defines TK according to the World Intellectual Property Organization as ‘the know-how, skills, innovations, practices and teachings and learnings of Indigenous people and local communities’ (11). The four following chapters present a comparative analysis of the central aspects of the regimes in Peru and India: historical legal backgrounds, institutio","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"59 1","pages":"123 - 125"},"PeriodicalIF":0.4,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80458687","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 Right to Enjoy Cultural Heritage and Australian Indigenous Cultural Heritage Legislation","authors":"M. Storey","doi":"10.1080/18918131.2022.2150410","DOIUrl":"https://doi.org/10.1080/18918131.2022.2150410","url":null,"abstract":"ABSTRACT Commencing by noting the international condemnation of the destruction of the 46,000-year-old Juukan Gorge by a mining company in Western Australia in 2020, this paper examines the extent to which current Australian Indigenous cultural heritage legislation reflects contemporary international expectations regarding Indigenous peoples’ right to enjoy cultural heritage. The examination takes place in two parts. The first examines the theoretical basis underpinning collective rights to cultural heritage in the context of Indigenous peoples’ right to enjoy it. The second examines national Indigenous cultural heritage legislation in Australia and several examples of sub-national legislation: the states of Western Australia, Victoria, and the Northern Territory. This analysis focuses on those aspects of the legislation relevant to land-based Indigenous cultural heritage and project approvals. The paper concludes by suggesting that its examination reveals an urgent need for thorough reform of Australian Indigenous Cultural Heritage legislation to align it with contemporary international expectations and the steps currently underway in Australia to achieve this goal.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"15 1","pages":"49 - 69"},"PeriodicalIF":0.4,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81712021","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 K'iche’ Maya Written Tradition and the Cultural Heritage of Totonicapán, Guatemala","authors":"Carlos Fredy Ochoa García","doi":"10.1080/18918131.2023.2184545","DOIUrl":"https://doi.org/10.1080/18918131.2023.2184545","url":null,"abstract":"ABSTRACT An important part of the K'iche’ Maya cultural heritage of Totonicapán, Guatemala, consists of certain documents written in the middle of the sixteenth century. Most parts of the corpus in question are still preserved, in situ, in their communities of origin. This paper discusses the conservation, management, and interpretation of these documents, all practices that are tightly linked to communal traditions of social organisation and customary norms in the 48 communities or cantons (cantones) that make up the municipality of Totonicapán. It also aims to understand the impact of modernity on these management practices and how the adoption of rights-based approaches will change them. Paxtocá is one of the cantons in possession of such documents, and over the last decade an important part of community politics in Paxtocá has revolved around what to do with that heritage, which is simultaneously local, K'iche’, Pan-Mayan, and national Guatemalan. This historical and political complexity produces equally complex challenges for human-rights-based heritage politics.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"33 1","pages":"8 - 27"},"PeriodicalIF":0.4,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82627051","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":"Cultural Heritage and Mass Atrocities","authors":"Marc RH Kosciejew","doi":"10.1080/18918131.2023.2204611","DOIUrl":"https://doi.org/10.1080/18918131.2023.2204611","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"46 1","pages":"126 - 129"},"PeriodicalIF":0.4,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73702551","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":"Heritage Communities and Human Rights: A Case Study from Catoctin Furnace, Maryland","authors":"E. Comer, Margaret Comer","doi":"10.1080/18918131.2022.2151736","DOIUrl":"https://doi.org/10.1080/18918131.2022.2151736","url":null,"abstract":"ABSTRACT The village of Catoctin Furnace, located in rural Maryland, in the United States, houses an early iron furnace site. Operational by 1776, its workforce in the early years was almost entirely enslaved African and African American people. A local non-profit, the Catoctin Furnace Historical Society, Inc. (CFHS), on the board of which one of the authors serves, has made the search for a descendant community of these enslaved and freed Black workers a principal focus, while also preserving the heritage of European labourers and trying to foster economic and cultural activity in the village. So far, no living, direct descendant of a person who was enslaved at Catoctin Furnace has been identified, meaning the site can be considered ‘orphan heritage’. Looking at the site through the lenses of orphan heritage and ‘fictive kinship’ provides an alternative analytical framework which may be usefully applied at other sites. This case study helps us understand the notion of ‘rights-based approaches’ and how site managers can handle the sometimes clashing needs and desires of different groups while balancing their respective rights to heritage and to other human rights, as well as the use of artistic modes of interpretation in democratising access to the past.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"59 1","pages":"87 - 104"},"PeriodicalIF":0.4,"publicationDate":"2022-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86891717","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}