Extraterritorial Human Rights Obligations and the North-South Divide

2013 ◽  
pp. 332-364
Author(s):  
Wouter Vandenhole ◽  
Wolfgang Benedek
Keyword(s):  
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.


Author(s):  
Hans Morten Haugen

Abstract Norway’s policies regarding Sámi and most national minorities in an historic perspective can be characterized as forced assimilation; except for Jews and Roma, where the historic policy can be termed exclusion. The Norwegian Truth and Reconciliation Commission (trc) is intended to be a broad-based process, resulting in a report to the Norwegian Parliament in 2022. After identifying various explanations for the relatively strong standing of the (North) Sámi domestically and in international forums, the article identifies various ways that human rights will be important for the trc’s work and final report: (i) self-determination; (ii) participation in political life; (iii) participation in cultural life; (iv) family life; (v) private life; and (vi) human dignity. Some of these rights are relatively wide, but all give relevant guidance to the trc’s work. The right to private life did not prevent the Norwegian Parliament’s temporary law to enable the trc’s access to archives


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.


2017 ◽  
Vol 23 (2) ◽  
pp. 87-105
Author(s):  
Jane Lydon

Xavier Herbert published his bestseller Capricornia in 1938, following two periods spent in the Northern Territory. His next major work, Poor Fellow My Country (1975), was not published until thirty-seven years later, but was also set in the north during the 1930s. One significant difference between the two novels is that by 1975 photo-journalism had become a significant force for influencing public opinion and reforming Aboriginal policy. Herbert’s novel, centring upon Prindy as vulnerable Aboriginal child, marks a sea change in perceptions of Aboriginal people and their place in Australian society, and a radical shift toward use of photography as a means of revealing the violation of human rights after World War II. In this article I review Herbert’s visual narrative strategies in the context of debates about this key historical shift and the growing impact of photography in human rights campaigns. I argue that Poor Fellow My Country should be seen as a textual re-enactment, set in Herbert’s and the nation’s past, yet coloured by more recent social changes that were facilitated and communicated through the camera’s lens. Like all re-enactments, it is written in the past conditional: it asks, what if things had been different? It poses a profound challenge to the state project of scientific modernity that was the Northern Territory over the first decades of the twentieth century.


2020 ◽  
Author(s):  
Jennifer Hough ◽  
Markus Bell

This article draws on the public testimonies of North Koreans living in South Korea (t’albungmin) and analyzes the role that these narratives play in South Korean society as mechanisms of inclusion and exclusion. North and South Korea technically remain at war, with South Korea claiming sovereignty over the entire Korean peninsula. While t’albungmin are eligible for South Korean citizenship, they describe feeling excluded from full social membership. Although some t’albungmin seek anonymity, this paper considers those who gain social status by speaking publicly about their lives and denouncing the North Korean regime. In so doing, they distance themselves from North Korea and align themselves with the “good” discourse of human rights. However, their actions reinforce a logic of exclusion, implying that t’albungmin who prefer anonymity are “sympathizers,” and consequently restricting their access to social benefits and resources. This case of conditional inclusion illuminates tensions that arise when a sovereignty claim entails the incorporation of people from an enemy state. It also highlights the carefully delineated boundaries of publicly acceptable behavior within which “suspect” citizens must remain as a condition for positive recognition.


Author(s):  
Stewart M. Hoover

Abstract Recent struggles over the implications of migration have fueled transformational politics on both sides of the Atlantic. At the center of this are questions of identity, value, long-standing standards of human rights and even enlightenment categories of modernity. Both religion and media play central – even determinative – roles in these debates. This article will argue that scholarships focused on identity “imaginaries” are critical to understanding these discourses and this politics. This scholarship must inquire into both “sides” of migration, both the conceptual worlds of those who wish to move, and the conceptual worlds of those who receive (or attempt to not receive) them. This article will look at the latter through a deep historicist inquiry into the mediation of Protestantism as a central determinative force in the establishment of contemporary conditions of politics in relation to migration in the North Atlantic West. Protestantism’s role in European modernity is well-known, as is its deep interconnection with evolving technologies and means of communication and practices of mediation. This article seeks to understand religion-inflected discourses of nationalism and identity as functions of Protestant social and media instrumentality.


Author(s):  
Kevin Hearty

Viewing Irish republican policing memory primarily through a transitional justice lens, this chapter critically examines how Irish republicans, as a principal party to the conflict, approach the difficult issue of ‘dealing with the past’ as both collective victims and perpetrators of human rights violations during the conflict. It will interrogate the range of divergent views within modern Irish republicanism on issues such as victimhood, truth recovery, ‘moving on’ and ‘dealing with the past’. In particular, it looks at how the memory of human rights violations framed the wider policing debate and led to a master narrative of ‘never again’ whereby the value of ‘remembering’ past abuses lay in helping to prevent future repetition. This is placed against a more general backdrop of the stop-start ‘dealing with the past’ process in the North of Ireland that has included the establishment, operation and subsequent replacement of the Historical Enquiries Team (HET), the passage of the Civil Service (Special Advisers) Act (Northern Ireland), and proposals like the Haass/O’Sullivan document and the Stormont House Agreement.


Water Policy ◽  
2020 ◽  
Vol 22 (1) ◽  
pp. 102-120
Author(s):  
Bárbarah Brenda Silva ◽  
Bárbara Sales ◽  
Ana Carolina Lanza ◽  
Léo Heller ◽  
Sonaly Rezende

Abstract The Human Rights to Water and Sanitation (HRWS), adopted as UN Resolutions since 2010, contemplates key elements that seek to ensure equal and non-discriminatory access to water and sanitation, including the elimination of gender inequalities. Working in populations with socio-environmental vulnerabilities, this study aims to assess gender division of labor in households of two rural communities in the North and Northeast Brazilian macroregions and identify why greater impacts occur on the lives of women when compared to men, resulting in human rights concerns. A qualitative analysis was carried out through semi-structured interviews and direct observation. The study showed that in the two rural Brazilian communities there is a clear labor division for water and sanitation access from a gender perspective. Men undertake more specialized work, sometimes requiring greater physical effort. As for women, they are assigned functions related to the domestic environment, including activities concerning water and sanitation. When facilities are inadequate, there is a disproportionate impact on women's health and quality of life, showing that the non-compliance with the human rights to water and sanitation often results in more harmful consequences for them.


2020 ◽  
Vol 54 (4) ◽  
pp. 1158-1183 ◽  
Author(s):  
Kelsey P. Norman

This article examines the 2013 migration policy liberalizations in Morocco and Turkey in order to understand whether predominantly “human rights-centric” or “diplomatic” factors influenced domestic decisions to reform migration policies. It uses original interview data collected in 2015, as well as policy documents, to examine the two reform processes and their initial consequences for migrants and refugees residing in each host state. While the academic literature on migration has focused on human rights-centric factors to understand historic migration policy reforms, Turkey and Morocco’s geopolitical and geographic positions between powerful neighbors to the north and important sending countries to the south mean that diplomatic factors are also key to understanding the incentives behind reform. This article’s findings have important implications for scholars of international migration, demonstrating that while countries like Morocco and Turkey may implement liberal and inclusive policies if there are diplomatic and economic gains to be had from doing so, such policies may have little impact on the everyday lives of individual migrants and refugees residing in these states and may be subject to reversals if such states’ geopolitical calculations change.


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