Conceptualizing the Transnational Regulation of Plastics: Moving Towards a Preventative and Just Agenda for Plastics

2021 ◽  
pp. 1-31
Author(s):  
Hope Johnson ◽  
Zoe Nay ◽  
Rowena Maguire ◽  
Leonie Barner ◽  
Alice Payne ◽  
...  
Keyword(s):  
Human Rights ◽  
Environmental Justice ◽  
Four Frames ◽  
Production And Consumption ◽  
Regulatory Regimes ◽  
Rights Issues ◽  
Oriented Approach

Abstract This article categorizes and evaluates how regulatory regimes conceptualize plastics, and how such conceptualizations affect the production, consumption, and disposal of plastics. Taking a doctrinal and policy-oriented approach, it identifies four ‘frames’ – that is, four distinct and coherent sets of meanings attributed to plastics within transnational regulation – namely, plastics as waste to be managed; a material to be prevented; a good (or waste) to be traded freely; and inputs or outputs in production-consumption systems. Based on this analysis, three significant deficiencies in the transnational regulation of plastics are identified: the failure to frame plastics in terms of environmental justice and human rights issues; insufficient focus on plastics prevention (rather than management); and the role of law in reinforcing its production and consumption.

Solutions to property rights ‘violations’ experienced by Ghanaian (Akan) widows and their children: The role of international social workers in addressing human rights

2017 ◽  
Vol 62 (1) ◽  
pp. 405-418 ◽  
Author(s):  
Rose Korang-Okrah ◽  
Wendy Haight ◽  
Priscilla Gibson ◽  
James Black
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Social Workers ◽  
Property Ownership ◽  
International Perspectives ◽  
Economic Survival ◽  
Ghanaian Women ◽  
Rights Issues ◽  
International Social

Social workers are increasingly embracing international perspectives and roles to address persistent human rights issues. This study examines solutions to property rights disputes involving Ghanaian women who are widowed from the perspectives of Akan men and women in four communities. Property ownership is fundamental to the economic survival of women and their children, but millions of women around the world lose their rights to property following the deaths of their husbands. We conducted focus groups with 102 participants in four Akan communities to generate local, culturally viable solutions for preventing property rights violations and resolving them when they do occur.

Lyndon Johnson’s Food Aid Battles

2017 ◽  
Author(s):  
Barry Riley
Keyword(s):  
Human Rights ◽  
Foreign Relations ◽  
Major Element ◽  
Food Aid ◽  
Emergency Relief ◽  
Rights Issues

Johnson made food aid a major element of his foreign relations with several countries. He saw it as a tool, an inducement, a reward or a cudgel. As a product of Senate leadership, he knew how important the role of Congress was in approving and funding his many initiatives, and he sought to ensure that he was not viewed as a “dewy-eyed, give-away boy.” He had to be seen as a tough guy even though he was, at heart, quite a benevolent person. Critics of food aid were suggesting that it could do more harm than good when used outside narrowly defined situations requiring emergency relief. Johnson paid them little heed. He fought with Congress over control of food aid, losing several battle and winning others. His liberal stance on domestic human rights issues lost him votes among conservatives in Congress on his desired food aid reforms.

Final Remarks

2020 ◽  
pp. 181-196
Author(s):  
Elvira Domínguez-Redondo
Keyword(s):  
Human Rights ◽  
Open Access ◽  
International Human Rights ◽  
Heated Debate ◽  
International Human ◽  
Transnational Space ◽  
The Relationship ◽  
Rights Issues

This final chapter situates the analysis of the role of politics in the development of the Special Procedures within the heated debate over the future of the international human rights agenda as articulated by a growing number of scholars. It suggests that the alleged failures of international human rights may be a reflection of the rigidity of the Westphalian edifice in accommodating the struggles of individuals and communities beyond the human rights framework. Only human rights mechanisms have demonstrated enough flexibility, accompanied by political will, to open access for non-state actors to the transnational space. This accessibility has not been accompanied by an acknowledgment of the conceptual, normative, institutional, and practical problems inherent in the attempt to combine agendas that are not always compatible, as illustrated in the relationship between development, security, and human rights issues. This important gap is compounded by the myth this book seeks to discredit, namely, the presumption that politicization of human rights should be eliminated and that some groups of states are rigidly associated with preconceived political alignments.

Implementing the New UN Corporate Human Rights Framework: Implications for Corporate Law, Governance, and Regulation

2012 ◽  
Vol 22 (1) ◽  
pp. 145-177 ◽  
Author(s):  
Peter Muchlinski
Keyword(s):  
Human Rights ◽  
International Law ◽  
Corporate Responsibility ◽  
Tort Law ◽  
Corporate Law ◽  
Due Diligence ◽  
Corporate Managers ◽  
Rights Issues ◽  
Oriented Approach ◽  
Human Rights Due Diligence

ABSTRACT:The UN Framework on Human Rights and Business comprises the State’s duty to protect human rights, the corporate responsibility to respect human rights, and the duty to remedy abuses. This paper focuses on the corporate responsibility to respect. It considers how to overcome obstacles, arising out of national and international law, to the development of a legally binding corporate duty to respect human rights. It is argued that the notion of human rights due diligence will lead to the creation of binding legal duties and that principles of corporate and tort law can be adapted to this end. Furthermore, recent legal developments accept an “enlightened shareholder value” approach allowing corporate managers to consider human rights issues when making decisions. The responsibility to respect involves adaptation of shareholder based corporate governance towards a more stakeholder oriented approach and could lead to the development of a new, stakeholder based, corporate model.

scholarly journals Kritik Atas Pemikiran Abdullahi Ahmed An-Naim Tentang Distorsi Syariah terhadap HAM

2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Sapiudin Sapiudin
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Objective Assessment ◽  
Human Values ◽  
Liberal Studies ◽  
Human Right ◽  
The World ◽  
Rights Issues

In liberal studies, Sharia and human rights are two issues that are often opposed to distort the role of sharia in solving human right cases. In his writings on sharia and human rights issues, Abdullahi Ahmed an-Naim often applies rational rules as the source of truth and human values as a goal, but he excludes the role of Islamic law and its interpretation. Naim states that the human right problems in the world can not be solved by the sharia but can only be solved by secular laws. For example, the practice of slavery and discrimination against women and non-Muslims ethnic is a subjective conclusion that is counter productive to the role of sharia. Therefore, this conclusion is unacceptable and is necessary to have objective assessment. It is really clear that sharia is glorious and never distorts human rights at all.DOI: 10.15408/ajis.v16i1.2893

scholarly journals Sustainability, human rights, and environmental justice

2019 ◽  
Vol 11 (3) ◽  
Author(s):  
Catherine A. Hawkins
Keyword(s):  
Human Rights ◽  
Social Work ◽  
Environmental Justice ◽  
Critical Role ◽  
Human Right ◽  
Call To Action ◽  
Healthy Environment ◽  
Contemporary World ◽  
Systems Perspective

Social work has a long-standing tradition of emphasizing the interaction of people and their environment, although this systems perspective has focused almost exclusively on the importance of social relationships. There is an emerging emphasis within the profession regarding the need to pay more attention to the critical role of the physical environment. The last fifty years has seen a growing global ecological movement, and the profession is joining the call to action for sustainability. Social work must extend this mission to include environmental justice, the human right to live in a clean, safe, and healthy environment. The world’s most poor, vulnerable, and oppressed people often live in the most degraded environments and have no control over resources. The important connections between social work, sustainability, human rights, and environmental justice in our contemporary world need to be more clearly articulated in the scholarly literature. An understanding of these separate but closely linked concepts is necessary for the profession to effectively pursue the goal of making the world a more just, humane, and sustainable home for all life.

scholarly journals Historical Background of Rohingya Crisis between Bangladesh and Myanmar

2017 ◽  
pp. 1-21
Author(s):  
Md. Ashiquzzaman
Keyword(s):  
Human Rights ◽  
Final Section ◽  
Historical Background ◽  
State Governments ◽  
Democratic Process ◽  
Refugee Crisis ◽  
The Military ◽  
Rights Issues

The Rohingya refugee crisis is a controversial issue, which has imposed Burma-Bangladesh relations in late 1970s. The Rohingya crisis has created a crisis against Rohingya Muslims in Rakhine due to human rights violations of the military junta in Myanmar. Rendered stateless, Rohingya escaped from Bangladesh and other neighboring countries to take shelter. Discussion failed to solve the Rohingya refugee crisis year. This research note proposes the need for intense bilateral and multi-party negotiations, which is a possibility that can be easily available through the democratic process of Myanmar. The report is divided into four sections. The first three address human rights issues through a temporal framework – past, present, and future – designed to approach the issues in a holistic manner. They cover specific human rights concerns for Rohingya in both Myanmar and Bangladesh, beginning with atrocities committed in the context of the crackdown, moving onto protection concerns for refugees in Bangladesh and ongoing rights violations in Myanmar, and finally addressing potential future violations in the context of repatriation and medium- and long-term residency in Bangladesh. The final section discusses the role of ASEAN in working toward a resolution, which also formed a key component of APHR’s investigation. The report concludes with recommendations for the Myanmar government, the Bangladeshi government, and ASEAN and member state governments.

The Role of IT in Global Health Disparities and Human Rights

2011 ◽  
pp. 782-797
Author(s):  
Josephine Kershaw
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Health Disparities ◽  
It Management ◽  
Health And Human Rights ◽  
The World ◽  
Health Related ◽  
Role Of It ◽  
Rights Issues

In a global environment, a key challenge of health care and information technology (IT) management involves increasing the knowledge of human rights issues and addressing the health disparities that result when human rights are violated. This chapter aims to promote the awareness and protection of basic human rights as a 21st century imperative. Drawing upon the human rights conceptual framework, the chapter focuses on the following objectives: First, the chapter highlights direct and indirect linkages between health and human rights, with an introduction to the principles in the Universal Declaration of Human Rights and other health-related human rights documents. Second, the relevance of the globalization and the human rights framework for health care and IT management will be discussed. Third, the chapter presents initiatives in IT management solutions and policies with promising potential to enhance the health care and human rights situations of people around the world.

Human Rights and International Investment Arbitration

2020 ◽  
pp. 149-185
Author(s):  
Ursula Kriebaum
Keyword(s):  
Human Rights ◽  
International Investment ◽  
Human Rights Law ◽  
Academic World ◽  
Applicable Law ◽  
Host State ◽  
Investment Protection ◽  
Investment Arbitration ◽  
Rights Issues

This chapter assesses the role of human rights in international investment arbitration. The treatment of human rights issues by investment tribunals has received increased attention in recent years, especially from the academic world. This is particularly so because tribunals have adopted varying approaches when confronted with human rights-based arguments. Some have responded in a negative way, declining to exercise jurisdiction when human rights were concerned. Others declined to discuss human rights arguments, noting that investment protection provisions were more favourable to investors than human rights law. Others applied human rights law where it composed part of the applicable law by virtue of the host State being a party to a human rights treaty. And some, when interpreting investment protection treaties, drew inspiration from approaches used by human rights courts, despite the decisive human rights treaty not being in force in the host state in the case at hand. The chapter then reflects upon the requirements for the application of human rights law in investment disputes.

scholarly journals Responding to Human Rights Violations in Africa

2018 ◽  
Vol 7 (1) ◽  
pp. 1-42
Author(s):  
Manisuli Ssenyonjo
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
Protection Of Human Rights ◽  
Working Groups ◽  
African Charter ◽  
Interim Measures ◽  
Advisory Opinions ◽  
Rights Issues ◽  
African Commission

This article examines the main achievements and challenges of Africa’s two regional bodies established to ensure the implementation of human rights in Africa. It makes an assessment of the role of Africa’s oldest regional human rights body, the African Commission on Human and Peoples’ Rights (African Commission) in the last 31 years of its operation (from 1987–March 2018). It also considers the judicial role of the African Court on Human and Peoples’ Rights (African Court) in the last 12 years of its operation (from 2006–March 2018). The increasing contribution of both the Commission and the Court to the protection of human rights under the African Charter on Human and Peoples’ Rights is rarely subjected to scrutiny in mainstream human rights literature. The article is limited to the consideration of the Commission’s contribution with respect to: (i) decisions on admissibility of communications concerning mainly exhaustion of domestic remedies; (ii) decisions on merits of communications; (iii) adoption of resolutions, principles/guidelines, general comments, model laws and advisory opinions; (iv) special rapporteurs and working groups to deal with thematic human rights issues; (v) consideration of State reports and conducting on-site visits; and (vi) referral of communications to the African Court involving unimplemented interim measures, serious or massive human rights violations, or the Commission’s findings on admissibility and merits.

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