scholarly journals Human Rights: The Global South's Route to Climate Litigation

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 40-44
Author(s):  
César Rodríguez-Garavito

After twenty-five years of climate litigation dominated by cases in the United States, Australia, and other jurisdictions in the Global North, a second wave of lawsuits arose in the mid-2010s that prominently feature cases filed in countries of the Global South. I argue that the use of human rights norms and strategies characterizes the “Global South route” to climate litigation, one that is firmly rooted in the trajectory of human rights adjudication and litigation in key Southern countries over the last three decades. I posit that, in order to understand the present and the future of this route, it is essential to (1) track its origins and features to the trajectory of “Global South constitutionalism” over the last three decades, especially litigation around socioeconomic rights, and (2) unpack the category of “Global South” countries, in order to avoid overgeneralizations and to identify the types of countries that are likely to see most climate litigation and court decisions. I close by suggesting that, in light of the planetary and urgent nature of the climate challenge, future research and advocacy should explore transnational forms of litigation that cut across the North-South divide and pay systematic attention to the impact of climate litigation.

2020 ◽  
Vol 10 (2) ◽  
pp. 203-216
Author(s):  
Dung Dac Nguyen ◽  
Tu Minh Le ◽  
Aaron John Kingsbury

PurposeThe purpose of this paper is to assess the impact level of six factors that condition participation in value chain of lychee growers in the Luc Ngan District of Bac Giang Province in Vietnam. This contributes to the literature on value chain development through the exploration of the case of an agriculturally based primary industry in the global south. Specifically, it analyzes the impacts of several factors on the participation of lychee fruit farmers in the attributed value chain of Bac Giang Province in the north of Vietnam to identify salient points of policy intervention.Design/methodology/approachData for this study were collected from a survey of 270 lychee farmers in three districts of Bac Giang Province. Six factors, including the trust level of the participants, partner capacity, geographical distance between participants, collaborative culture, participation strategy and existence of specific government policies, were analyzed through a Kaiser–Meyer–Olkin (KMO) test, Cronbach’s alpha and the exploratory factor analysis (EFA) method to evaluate the reliability of the factors and suitability of the model. A regression analysis was then used to evaluate the impact level of each element on the collaboration of farmers in the chain.FindingsThe results show that each of the six factors has significant impacts on farmer participation and the resulting chain thickness. Although the findings of this study are drawn from the case of lychee farmers in the north of Vietnam, they are argued to be transferable to other countries with rapidly growing middle-income economies.Research limitations/implicationsThe research conclusions are based on only the opinions of surveyed lychee growers in Luc Ngan District, Bac Giang Province. Similarly, this paper only explores six factors influencing participation in the value chain. Additional factors, including age, have not been used in this study and are suggested avenues for future research.Originality/valueThe paper suggests that policy makers on the local and regional levels in Vietnam reassess their focus and center these six factors as precursory conditions to improving local and regional economic development. Implications for other peripheral regions with agricultural production across the global south are also posited.


2021 ◽  
pp. 101269022098134
Author(s):  
Billy Graeff ◽  
Jorge Knijnik

The past few decades have seen an increase of sport mega events (SMEs) held outside the Global North. This tendency has been accompanied by a growing public expenditure in these events. This paper employs selected Global South SMEs to discuss this trend. By critically analysing public documents, biddings and reports, the study traces comparisons between 21st-century Global South and Global North SMEs expenditures, in the revenue of franchise owners (FIFA and the International Olympic Committee), in construction costs within the budgets and in the costs related to security. This comprehensive and intertwined investigation shows the need for new analytical tools – such as the Renewed Policy of Sport Mega Events Allocation, a concept developed here - to better capture the central questions posed by the challenges of ‘SMEs going South’.


2009 ◽  
Vol 12 (2) ◽  
pp. 125-149 ◽  
Author(s):  
Jong-Sue Lee

North Korea conducted 2nd nuclear test on May 25, 2009. It made a vicious circle and continued military tension on the Korean Peninsula. North Korea regime got a question on the effectiveness of the six party talks and ‘security-economy exchange model’. In addition, the North Korea probably disappointed about the North Korea issue has been excluded from the Obama administration's policy position. So the dialogue or relationship recovery with the United States and North Korea through six-party talks or bilateral talks will be difficult for the time being. This paper examines the EU policy on North Korea. Based on the results, analyzes the EU is likely to act as a balancer on the Korean Peninsula. Through the procedure of deepening and expanding the economic and political unification, the EU utilizes their cooperative policies towards North Korea as an ideal opportunity to realize their internal value and to confirm the commonness within the EU members. The acceleration of the EU's unification, however, began to focus on human rights, and this made their official relationship worse. Yet, the EU is continuously providing food as wells as humanitarian and technological support to North Korea regardless of the ongoing nuclear and human rights issues in North Korea. Also, the number of multinational corporations investing in North Korea for the purpose of preoccupying resources and key industries at an individual nation's level has been increasing. The European Union has unique structure which should follow the way of solving the problem of member states like subsidiary principle. It appears to conflict between normative power of the European Union and strategic interests on member states. This paper examines if the European Union is useful tool to complement Korea-US cooperation in the near future.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Huy Viet Hoang ◽  
Cuong Nguyen ◽  
Khanh Hoang

PurposeThis study compares the impact of the COVID-19 pandemic on stock returns in the first two waves of infection across selected markets, given built-in corporate immunity before the global outbreak.Design/methodology/approachThe data are collected from listed firms in five markets that have experienced the second wave of COVID-19 contagion, namely the United States (US), Australia, China, Hong Kong and South Korea. The period of investigation in this study ranges from January 24 to August 28, 2020 to cover the first two COVID-19 waves in selected markets. The study estimates the research model by employing the ordinary least square method with fixed effects to control for the heterogeneity that may confound the empirical outcomes.FindingsThe analysis reveals that firms with larger size and more cash reserves before the COVID-19 outbreak have better stock performance under the first wave; however, these advantages impede stock resilience during the second wave. Corporate governance practices significantly influence stock returns only in the first wave as their effects fade when the second wave emerges. The results also suggest that in economies with greater power distance, although stock price depreciation was milder in the first wave, it is more intense when new cases again surge after the first wave was contained.Practical implicationsThis paper provides practical implications for corporate managers, policymakers and governments concerning crisis management strategies for COVID-19 and future pandemics.Originality/valueThis study is the first to evaluate built-in corporate immunity before the COVID-19 shock under successive contagious waves. Besides, this study accentuates the importance of cultural understanding in weathering the ongoing pandemic across different markets.


2017 ◽  
Vol 5 (1) ◽  
pp. 175-203
Author(s):  
Patricia GOEDDE

AbstractThis article asks how legal mechanisms are employed outside of North Korea to achieve human rights diffusion in the country; to what extent these result in human rights diffusion in North Korea; and whether measures beyond accountability can be pursued in tandem for more productive engagement. Specifically, it examines how the North Korean government has interacted with the globalized legal regime of human rights vis-à-vis the UN and details the legal processes and implications of the UN Commission of Inquiry report, including domestic legislation, and evidence collection. While transnational legal mobilization has gathered momentum on the accountability side, it is significantly weaker in terms of achieving human rights protection within North Korea given the government’s perception of current human rights discourse as part of an externally produced war repertoire. Thus, efforts to engage the North Korean population and government require concurrent reframing of human rights discourse into more localized and relatable contexts.


2019 ◽  
Author(s):  
Teal Bohrer ◽  
Cass Dykeman

Rates of death by suicide continue to increase across the United States. Mental health clinicians often have contact with individuals expressing suicidal ideation, but research suggests clinicians may not be appropriately prepared to assess a client’s suicide risk. Numerous models and theories explain and assess suicidal ideation. In 2009, Thomas Joiner and his colleagues proposed the interpersonal-psychological theory of suicide (IPT), which focused on three main factors strongly supported by research over the preceding decade. The present study utilized a nonconcurrent, multiple-baseline, multiple-probe design as well as a one-group pretest–posttest design to examine the impact of an IPT-based training model. Participants were preservice mental health clinicians currently enrolled in Master’s degree programs. Participants completed assessments on IPT knowledge and suicide-assessment self-efficacy, and results from this study indicated a significant increase in knowledge after completion of the training, as well as a slight decrease in self-efficacy. This study suggests that suicide-assessment training, even when done remotely, can increase suicide-assessment knowledge. Future research should explore preservice mental health clinicians’ self-efficacy as well as those factors influencing the confidence these professionals feel in their assessments of risk.


2018 ◽  
Vol 18 (2) ◽  
pp. 137-154 ◽  
Author(s):  
Augustin Ignatov

Abstract Entrepreneurship is the driving force of economic development and progress. A successful state, first of all, provides favourable conditions motivating the businesses to grow and flourish. Presently, the European Union is developing unevenly with multiple economic misbalances across the community, the West and the North being more competitive than the South and the East. The aim of the present research is to examine the framework of interdependence between the degree to which the governance quality and economic freedom in the European Union are supporting entrepreneurial activities and the performance of the community in terms of entrepreneurial innovation. The results reached through applying both qualitative and quantitative analyses show that the interdependence between entrepreneurial innovation and regulatory efficiency is strong for many of the European Union states which is determined by multiple factors including the institutional and economic ones. Also, the present paper underlines the importance of the proper regulatory framework for the efficient development of business innovation. The future research on this matter could consider in depth the impact of socio-cultural environment, its influence on the quality of governance and the impact of both upon the European entrepreneurial innovation.


Author(s):  
Earl H. Fry

This article examines the ebb and flow of the Quebec government’s economic and commercial relations with the United States in the period 1994–2017. The topic demonstrates the impact of three major forces on Quebec’s economic and commercial ties with the US: (1) the North American Free Trade Agreement (NAFTA) which became operational in 1994 and was fully implemented over a 15-year period; (2) the onerous security policies put in place by the US government in the decade following the horrific events of 11 September 2001; and (3) changing economic circumstances in the United States ranging from robust growth to the worst recession since the Great Depression of the 1930s. The article also indicates that the Quebec government continues to sponsor a wide range of activities in the United States, often more elaborate and extensive than comparable activities pursued by many nation-states with representation in the US. 1 1 Stéphane Paquin, ‘Quebec-U.S. Relations: The Big Picture’, American Review of Canadian Studies 46, no. 2 (2016): 149–61.


Author(s):  
Oleh Bulka

The article is devoted to the particularity of Canada-Mexico bilateral relations in the period from their beginning to signing and entry into force the North American Free Trade Agreement (NAFTA). It is noted that from the time of first contacts bilateral relations between two countries have developed unevenly with periods of increase and periods of decline. It is determined that in the history of Canada-Mexico relations before signing NAFTA can be identified four main periods. The first one is a period of early contacts that lasted from the end of XIX century to the establishment of the official diplomatic relations between Canada and Mexico in 1944. In this period of time ties between the two countries were extremely weak. The second period lasted from 1944 to the end of the 1960s. This period clearly shows the limits of cooperation between Canada and Mexico after the establishment of the official diplomatic ties, but it is also possible to see a certain coincidence between the values and diplomatic strategies of these countries. The third period of Canada-Mexico relations lasted from the beginning of the 1970s to the end of the 1980s. During this period, both Canada and Mexico try to diversify their foreign policy and strengthen the organizational mechanism of mutual cooperation. But it is also shown that despite the warm political rhetoric, there was some distance in Canada-Mexico relations. The fourth period of the relations lasted from the late 1980s until the NAFTA treaty came into force in 1994. At that time Canadian and Mexican governments began to give priority to economic relations over political and diplomatic ones. It was revealed that the main influencing factors of bilateral relations between Mexico and Canada were the impact of third countries, especially the United Kingdom and the United States, regional and global economic conditions, and the attitude to the bilateral relations of the political elites of both countries.


Author(s):  
A.V. Goncharenko ◽  
T.O. Safonova

The article investigates the impact of Great Britain on the evolution of colonialism in the late ХІХ and early ХХ centuries. It is analyzed the sources and scientific literature on the policy of the United Kingdom in the colonial question in the late ХІХ – early ХХ century. The reasons, course and consequences of the intensification of British policy in the colonial problem are described. The process of formation and implementation of London’s initiatives in the colonial question during the period under study is studied. It is considered the position of Great Britain on the transformation of the colonial system in the late XIX – early XX centuries. The resettlement activity of the British and the peculiarities of their mentality, based on the idea of racial superiority and the new national messianism, led to the formation of developed resettlement colonies. The war for the independence of the North American colonies led to the formation of a new state on their territory, and the rest of the “white” colonies of Great Britain had at the turn of the XIX-XX centuries had to build a new policy of relations, taking into account the influence of the United States on them, and the general decline of economic and military-strategic influence of Britain in the world, and the militarization of other leading countries. As a result, a commonwealth is formed instead of an empire. With regard to other dependent territories, there is also a change in policy towards the liberalization of colonial rule and concessions to local elites. In the late ХІХ – early ХІХ centuries the newly industrialized powers (Germany, Italy, and Japan) sought to seize the colonies to reaffirm their new status in the world, the great colonial powers of the past (Spain, Portugal, and the Netherlands) sought to retain what remained to preserve their international prestige, and Russia sought to expand. The largest colonial empires, Great Britain and France, were interested in maintaining the status quo. In the colonial policy of the United Kingdom, it is possible to trace a certain line related to attempts to preserve the situation in their remote possessions and not to get involved in conflicts and costly measures where this can be avoided. In this sense, the British government showed some flexibility and foresight – the relative weakening of the military and economic power of the empire due to the emergence of new states, as well as the achievement of certain self-sufficiency, made it necessary to reconsider traditional foreign policy. Colonies are increasingly no longer seen as personal acquisitions of states, and policy toward these territories is increasingly seen as a common deal of the international community and even its moral duty. The key role here was to be played by Great Britain, which was one of the first to form the foundations of a “neocolonial” system that presupposes a solidarity policy of Western countries towards the rest of the world under the auspices of London. Colonial system in the late ХІХ – early ХІХ century underwent a major transformation, which was associated with a set of factors, the main of which were – the emergence of new industrial powers on the world stage, the internal evolution of the British Empire, changes in world trade, the emergence of new weapons, general growth of national and religious identity and related with this contradiction. The fact that the First World War did not solve many problems, such as Japanese expansionism or British marinism, and caused new ones, primarily such as the Bolshevik coup in Russia and the coming to power of the National Socialists in Germany, the implementation of the above trends stretched to later moments.


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