Human Rights Review最新文献_第8页

Non-Muslims in the Qanun Jinayat and the Choice of Law in Sharia Courts in Aceh 非穆斯林在Qanun Jinayat和在亚齐伊斯兰教法院里的法律选择

IF 1.4

Human Rights Review Pub Date : 2022-01-01 DOI: 10.1007/s12142-021-00645-x

A. Halim

引用次数: 2

The Struggle for Legitimacy in Business and Human Rights Regulation-a Consideration of the Processes Leading to the UN Guiding Principles and an International Treaty. 企业与人权监管的合法性之争--对《联合国指导原则》和一项国际条约制定过程的思考》。

IF 1.4

Human Rights Review Pub Date : 2022-01-01 Epub Date: 2021-01-05 DOI: 10.1007/s12142-020-00612-y

Brigitte Hamm

{"title":"The Struggle for Legitimacy in Business and Human Rights Regulation-a Consideration of the Processes Leading to the UN Guiding Principles and an International Treaty.","authors":"Brigitte Hamm","doi":"10.1007/s12142-020-00612-y","DOIUrl":"10.1007/s12142-020-00612-y","url":null,"abstract":"After the UN Guiding Principles on Business and Human Rights (UNGPs) were adopted in 2011, an international treaty has been being negotiated since 2014. The two instruments reveal similarities and also conflicts regarding the adequate organization of the global economy based on human rights. The focus in this article will be on the processes leading to these instruments, because they themselves mirror different understandings of governance in the field of business and human rights as well as the struggle over the power of definition and legitimacy. The UNGPs were developed on the basis of global multi-stakeholder consultations, underlining legitimacy through broad inclusion. There are varying judgements as to the success of this approach. The process towards the treaty follows the traditional path of negotiations at UN level. These negotiations reveal a struggle for recognition of the legitimacy of the process itself. Both procedures have shortcomings with regard to legitimacy and show the need for a revision concerning the inclusion of stakeholders. The complementarity of a soft and hard law instrument may enhance the creation of a level playing field in the global economy, thereby strengthening human rights.","PeriodicalId":45171,"journal":{"name":"Human Rights Review","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7783498/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74604144","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Business and Human Rights Regulation After the UN Guiding Principles: Accountability, Governance, Effectiveness. 联合国指导原则之后的商业和人权监管：问责制、治理、有效性。

IF 1.2

Human Rights Review Pub Date : 2022-01-01 Epub Date: 2022-03-14 DOI: 10.1007/s12142-022-00656-2

René Wolfsteller, Yingru Li

{"title":"Business and Human Rights Regulation After the UN Guiding Principles: Accountability, Governance, Effectiveness.","authors":"René Wolfsteller, Yingru Li","doi":"10.1007/s12142-022-00656-2","DOIUrl":"10.1007/s12142-022-00656-2","url":null,"abstract":"Since the UN Guiding Principles on Business and Human Rights (UNGPs) were adopted by the UN Human Rights Council in 2011, they have diffused into policy frameworks, laws, and regulations across the globe. This special issue seeks to advance the interdisciplinary field of human rights research by examining key elements of the emerging transnational regime for the regulation of business and human rights. In seven original contributions, scholars from political science, law, accounting, and philosophy critically reflect on the theoretical foundations of the UNGPs, they analyze the effectiveness of implementation mechanisms and current regulatory practice, and they advance proposals for the future development of the business and human rights regime. In this introduction, we prepare the ground for these analyses, proceeding in three steps. Firstly, we argue that the adoption of the UNGPs has triggered a norm cascade which requires a distinctive, empirically oriented research agenda focusing on the scope, governance, and effectiveness of corporate human rights accountability norms and instruments. Secondly, we explain how the articles in this special issue contribute to that research agenda by addressing these themes. Thirdly, we provide an overview of the individual contributions and point out avenues for future research.","PeriodicalId":45171,"journal":{"name":"Human Rights Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8919353/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10255641","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Bringing It All Together: Leveraging Social Movements and the Courts to Advance Substantive Human Rights and Climate Justice. 汇集各方力量:利用社会运动和法院推动实质性人权和气候正义。

IF 1.4

Human Rights Review Pub Date : 2022-01-01 DOI: 10.1007/s12142-022-00674-0

Tracy Smith-Carrier, Kathleen Manion

引用次数: 1

The EU's Hospitality and Welcome Culture: Conceiving the "No Human Being Is Illegal" Principle in the EU Fundamental Freedoms and Migration Governance. 欧盟的好客和欢迎文化:在欧盟基本自由和移民治理中设想“没有人是非法的”原则。

IF 1.4

Human Rights Review Pub Date : 2022-01-01 DOI: 10.1007/s12142-022-00662-4

Armando Aliu, Dorian Aliu

{"title":"The EU's Hospitality and Welcome Culture: Conceiving the \"No Human Being Is Illegal\" Principle in the EU Fundamental Freedoms and Migration Governance.","authors":"Armando Aliu, Dorian Aliu","doi":"10.1007/s12142-022-00662-4","DOIUrl":"https://doi.org/10.1007/s12142-022-00662-4","url":null,"abstract":"This article aims to highlight the theoretical and philosophical debate on hospitality underlining the normative elements of framing migrants and refugees as individual agents in the light of hospitality theory and migration governance. It argued the critiques of the neo-Kantian hospitality approach and the EU welcome culture with regard to refugees in the EU from a philosophical perspective. The \"No human being is illegal\" motto is proposed to be conceived as a principle of the EU Charter of Fundamental Rights. The cosmopolitan right to visit and the universal right to reside were discussed in the context of human rights and co-responsibility. Linking the hospitality approach with migration governance enables the reconstruction of reception policies and practices, diversification of non-state actors that engage in migration governance mechanism, and polarization of political initiatives (e.g., politics of allocation and dispersal, readmission negotiations, convergence/divergence of priorities and strategic interests). The research findings highlight that the EU adopted a neo-Kantian hospitality approach that combines both \"co-responsibility\" and \"vertical/heterarchical relations.\" The EU's \"New Pact on Migration and Asylum\" was considered proof of how the EU follows neo-Kantian hospitality that is manifested in dualism and contradictory approach. The study presents a typology that splits co-responsibility into individual/institutional actions and human rights/migration governance.","PeriodicalId":45171,"journal":{"name":"Human Rights Review","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8934602/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10285300","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Taiwan's Road to an Asylum Law: Who, When, How, and Why Not Yet? 台湾的庇护法之路：谁、何时、如何、为什么还没有？

IF 1.4

Human Rights Review Pub Date : 2022-01-01 Epub Date: 2022-01-10 DOI: 10.1007/s12142-021-00644-y

Kristina Kironska

{"title":"Taiwan's Road to an Asylum Law: Who, When, How, and Why Not Yet?","authors":"Kristina Kironska","doi":"10.1007/s12142-021-00644-y","DOIUrl":"10.1007/s12142-021-00644-y","url":null,"abstract":"Taiwan is considered to be one of the most progressive countries in Asia but has no asylum law. Does it need one? Many in Taiwan, including officials and politicians, claim that the regulations that are currently in place are sufficient. There are, however, some people in Taiwan who require protection, and the government is not able to respond effectively in the absence of an asylum law. The author has identified several different groups in Taiwan that would benefit from an asylum law - from Hong Kong protesters facing persecution, through Chinese dissidents or descendants of the ROC army from the Thai-Myanmar border region, to Turkish people with revoked passports; grouped into two major categories - persons from the PRC, Tibet, Hong Kong, and Macau (group 1) and persons from other countries (group 2). The draft of the asylum law has been sitting in the Parliament for 14 years, and the reason for it not yet having passed is the \"China Factor.\" The Taiwan-China relationship thus cannot be disconnected from this issue, and the article discusses the three most common concerns with regard to this in the Taiwanese society. While these are legitimate concerns, they could be solved by adopting a dual asylum system dealing with group 1 and group 2 separately. Compared to UN member countries, Taiwan is on its own when it comes to the asylum issue, although adopting an asylum law is part of a broader push to bring Taiwan's legal system in line with international human rights law. The article provides a comprehensive description and analysis of the refugee situation in Taiwan; it is based on document studies and interviews conducted in Taipei in autumn 2020.","PeriodicalId":45171,"journal":{"name":"Human Rights Review","volume":null,"pages":null},"PeriodicalIF":1.4,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8743437/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10266865","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Marginalized and Misunderstood: How Anti-Rohingya Language Policies Fuel Genocide. 被边缘化和误解：反罗兴亚语言政策如何助长种族灭绝。

IF 1.4

Human Rights Review Pub Date : 2022-01-01 Epub Date: 2022-03-21 DOI: 10.1007/s12142-022-00654-4

Lindsey N Kingston, Aroline E Seibert Hanson

引用次数: 4

Should Autists Have Cultural Rights? 自闭症患者应该有文化权利吗?

IF 1.4

Human Rights Review Pub Date : 2021-12-06 DOI: 10.1007/s12142-021-00642-0

Bouke de Vries

引用次数: 1

Correction to: The Future of International Solidarity in Global Refugee Protection 更正:全球难民保护国际团结的未来