scholarly journals In defence of digital contact-tracing: human rights, South Korea and Covid-19

2020 ◽  
Vol 16 (4) ◽  
pp. 383-407 ◽  
Author(s):  
Mark Ryan
Keyword(s):  
Human Rights ◽  
South Korea ◽  
Global Economy ◽  
Herd Immunity ◽  
Contact Tracing ◽  
Past Century ◽  
Content Type ◽  
European Court ◽  
The Media ◽  
Scientific Value

Purpose The media has even been very critical of some East Asian countries’ use of digital contact-tracing to control Covid-19. For example, South Korea has been criticised for its use of privacy-infringing digital contact-tracing. However, whether their type of digital contact-tracing was unnecessarily harmful to the human rights of Korean citizens is open for debate. The purpose of this paper is to examine this criticism to see if Korea’s digital contact-tracing is ethically justifiable. Design/methodology/approach This paper will evaluate Korea’s digital contact-tracing through the lens of the four human rights principles to determine if their response is ethically justifiable. These four principles were originally outlined in the European Court of Human Rights, namely, necessary, proportional, scientifically valid and time-bounded (European Court of Human Rights 1950). Findings The paper will propose that while the use of Korea’s digital contact-tracing was scientifically valid and proportionate (albeit, in need for improvements), it meets the necessity requirement, but is too vague to meet the time-boundedness requirement. Originality/value The Covid-19 pandemic has proven to be one of the worst threats to human health and the global economy in the past century. There have been many different strategies to tackle the pandemic, from somewhat laissez-faire approaches, herd immunity, to strict draconian measures. Analysis of the approaches taken in the response to the pandemic is of high scientific value and this paper is one of the first to critically engage with one of these methods – digital contact-tracing in South Korea.

A structural model for destination travel intention as a media exposure

2016 ◽  
Vol 28 (7) ◽  
pp. 1338-1360 ◽  
Author(s):  
Chulmo Koo ◽  
Youhee Joun ◽  
Heejeong Han ◽  
Namho Chung
Keyword(s):  
Social Media ◽  
New Media ◽  
South Korea ◽  
Structural Model ◽  
Media Exposure ◽  
Tourism Destination ◽  
Content Type ◽  
Cultural Exposure ◽  
The Media

Purpose This study aims to investigate the effects of a prospective traveler’s perception of media exposure on their intention to visit a destination (i.e. South Korea). Cultural exposure to a particular country through media affects people’s preference for that foreign country, and may ultimately be a function of the behavior for consuming that country’s cultural products – e.g. traveling to that country. Media exposure has been recognized as a major underlying reason for the desire to visit a destination. Design/methodology/approach This study examines the impacts of potential travelers’ media exposure in three different language-use groups (i.e. English, Japanese and Chinese) and their perception of the media exposure on their intention to visit the actual site (i.e. South Korea). To enhance the understanding of the intention to visit the destination, this study proposes a research model based on use and gratification theory and the belief–desire–intention model. Findings Mass and social media exposure had an effect on the intention to visit a destination as a result of the gratification and desire experienced through the content. Research limitations/implications This study suggests the synthesis of the use and gratification theory and the belief–desire–intention model and an examination of theoretical and practical implications. Originality/value This study involved a sample of users of destination marketing sites. In addition, this study investigated the users’ intentions to visit a real tourism destination taking into consideration mass media (traditional media) and social media (new media) based on the use of gratification theory and the belief–desire–intention model. Practically, the findings highlight the crucial role of social media in the intention to visit the tourism destination.

Uncertainties over COVID-19 impacts fuel market fears

2020 ◽  
Keyword(s):  
Global Economy ◽  
Contact Tracing ◽  
Bond Markets ◽  
Market Reactions ◽  
Content Type ◽  
Corporate Earnings ◽  
The Us ◽  
Viable Approach ◽  
Equity Index ◽  
Second Wave

Subject Financial market reactions to the pandemic Significance While policymakers and epidemiologists broadly agree that the only viable approach for substantially relaxing lockdowns and social distancing measures is mass community testing and contact tracing, there are significant differences of opinion on how sharply infection curves need to flatten before restrictions are eased. The risk that lockdowns -- which have become dangerously politicised -- will be lifted prematurely, causing a second wave of infections, poses a significant threat to the global economy and markets. Impacts The US S&P 500 equity index has surged since late March, but the bleak corporate earnings outlook means this is unlikely to be a bull run. The spread between Italian and German bonds has widened since late March, reflecting investors' persistent doubts about EU cooperation. The major central banks are likely to invest more than twice as much in sovereign and corporate bonds as in 2008, distorting bond markets.

Russian NGO sector will grow narrower and tamer

2018 ◽  
Keyword(s):  
Human Rights ◽  
Young People ◽  
Hostile Environment ◽  
Foreign Agent ◽  
Content Type ◽  
European Court ◽  
The Government ◽  
Restrictive Legislation ◽  
Vladimir Putin

Subject Russian NGOs operating in a constricted environment. Significance Russia's NGO sector has been diminished by restrictive legislation and a hostile environment under President Vladimir Putin. 'Foreign agent' regulations hamper the operations of designated NGOs and deter potential supporters, in an environment where the lack of a volunteer culture already means that NGOs find it hard to build solid foundations or extend their reach. NGOs face heightened uncertainty and penalties under arbitrary interpretations of vague rules. Impacts The government will increase funding to socially oriented organisations that align with its goals. Kremlin-approved NGOs will be able to recruit young people who see this as a good and uncontroversial career step. The European Court of Human Rights will rule on petitions from 61 groups on the 'foreign agent law', possibly by the end of 2018.

22. Applications: media law and privacy

2021 ◽  
pp. 448-461
Author(s):  
Howard Davis
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
European Convention ◽  
Media Law ◽  
Media Freedom ◽  
European Court ◽  
Key Points ◽  
The Media ◽  
The One ◽  
Privacy And Confidentiality

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter deals with human rights and the media. It considers the widespread tension between, on the one hand, the importance in a democratic society of freedom of expression and, on the other, the rights of persons to protect their various interests, particularly when these involve matters of privacy and confidentiality. The importance of the media is fully recognised by the European Court of Human Rights, and Convention rights have had a significant impact, both directly and indirectly, on media law. However, the issue often involves balancing the clear commitment to media freedom derived from Article 10 with other rights such as those in Article 8.

Service ecosystems: why the media industry prefers access, not ownership

2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Jennifer Chandler ◽  
Atul Teckchandani
Keyword(s):  
Global Economy ◽  
Design Methodology ◽  
Feedback Loops ◽  
Media Industry ◽  
Managerial Decision ◽  
Managerial Decision Making ◽  
Content Type ◽  
Service Ecosystems ◽  
The Media ◽  
Service Ecosystem

Purpose Because of the increasing importance of access over ownership, the purpose of this paper is to propose a service ecosystem perspective to help managers navigate hypercompetition. With the rise of cloud-based services and the ongoing recovery from the COVID-19 pandemic, the global economy has shifted toward hypercompetition, a state characterized by organizational advantages that are rapidly created and then destroyed by intense competitive moves. Because advantages are quickly eroded, organizations must be aggressive in the number of actions they take and the speed with which they execute these actions. The service ecosystem perspective focuses on relationships that allow organizations to jointly adjust to one another and to their environment. Design/methodology/approach This paper first reviews traditional strategies for navigating hypercompetition. Then, it presents an explanation of the service ecosystem perspective. Finally, the three north stars and media examples are provided. Findings The service ecosystem perspective asserts “north stars” that can guide managerial decision-making in hypercompetitive environments. These north stars are: cultivate system norms, facilitate feedback loops and embrace servitization. Originality/value In today’s world, organizations are increasingly seeking access to resources instead of ownership of them. The proposed approach suggests that, rather than an organization owning the resources it needs to achieve advantages, organizations are increasingly relying on accessing resources by coordinating with other organizations to draw upon the resource(s) as needed, without incurring the additional burdens of ownership. Examples from the media industry are used to illustrate the three north stars of the service ecosystems perspective.

Seoul’s next leader will prioritise global ambitions

2021 ◽  
Keyword(s):  
Human Rights ◽  
South Korea ◽  
South Asia ◽  
Free Trade ◽  
North Korea ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Content Type

Significance Moon Jae-in’s preoccupations in his final year as president will remain local -- not least, coordinating policy on North Korea with the Biden administration. However, his successor, to be elected in March 2022, will have broader horizons. Impacts Ignoring Pyongyang may prompt new and potentially bloody provocations, as happened to President Lee Myung-bak in 2010. South Korea will pursue fresh free trade agreements. Its declared intention to join the CPTPP has not yet yielded a specific roadmap. Asia will remain Seoul’s main focus; South Asia, especially India, offers many untapped synergies. ‘Top table’ ambitions such as the G7 summit will make it more difficult for Seoul to ignore human rights in its diplomacy, as it used to.

Re Review of Constitutionality of Article 11 and Article 392(4) Items 3 and 4 of the Civil Procedure Code of the Russian Federation

2021 ◽  
Vol 194 ◽  
pp. 487-502
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Civil Procedure ◽  
European Convention ◽  
Constitutional Court ◽  
Content Type ◽  
Procedure Code ◽  
European Court ◽  
Municipal Law ◽  
The Russian Federation

487Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Judgments of European Court of Human Rights — Execution of judgments of European Court of Human Rights — Russian judgments — Whether European Court of Human Rights’ judgments providing grounds for reconsideration of decision in a civil case where opposing decision of Constitutional Court existing — Russian law — Article 392(4) of Russian Civil Procedure Code — The law of the Russian Federation

Human rights and the moralities of property

2019 ◽  
Vol 11 (3) ◽  
pp. 176-185
Author(s):  
Bonnie Holligan
Keyword(s):  
Human Rights ◽  
Management Practices ◽  
European Convention ◽  
Content Type ◽  
Existing Structures ◽  
European Court ◽  
Rights Discourse ◽  
Environment Agency ◽  
New Perspective ◽  
The Uk

Purpose Responding to the Supreme Court’s decision in R (on the application of Mott) v. Environment Agency, the purpose of this study is to explore the interface between property, environment and human rights. It examines the space within human rights jurisprudence for a richer notion of property that can accommodate social and environmental obligation and non-anthropocentric values. Design/methodology/approach In this study, a theoretical lens is applied to human rights doctrine. A central question is the extent to which there is room within the discourse on Article 1 of Protocol 1 (A1P1) to the European Convention on Human Rights for a more relational and ecocentric approach. The paper engages with the jurisprudence of the UK courts and that of the European Court of Human Rights, as well as the works of scholars such as Jennifer Nedelsky and Nicole Graham. Findings It is concluded that although the judgment in Mott demonstrates the potential for A1P1 to function as a means for rights-holders to obtain a voice in environmental decision-making processes, it highlights the tendency of property to preserve existing structures and arrangements. When assessing whether an individual is asked to bear an excessive burden, great weight was given in Mott to values associated with livelihood. What did not feature in the (brief) judgment was the consideration of the ecological context in which Mr Mott’s rights were embedded and the extent to which this context might have inherently restricted his ability to enjoy his property. The dispute demonstrates the limitations of existing property institutions and discourses in managing ecological conflict and fostering positive relationships and management practices. Originality/value This study contributes to the doctrinal literature on A1P1, providing a new perspective on the role of human rights jurisprudence in managing environmental conflict. It is original in its examination of human rights discourse in light of relational and ecocentric theories of property, providing a critique of existing values and paradigms. Evaluating the doctrinal reasoning in Mott with reference to this theoretical framework, it provides fresh insight into the limitations of the Supreme Court’s approach. It points to the need for more explicit incorporation of environmental values and contexts in human rights reasoning.

scholarly journals Homophobia, Brexit and constitutional change

2017 ◽  
Vol 16 (4) ◽  
pp. 166-175
Author(s):  
Iain Channing ◽  
Jonathan Ward
Keyword(s):  
Human Rights ◽  
Sexual Identity ◽  
Freedom Of Expression ◽  
The European Union ◽  
Negative Consequences ◽  
Content Type ◽  
European Court ◽  
Lgbt Community ◽  
Legal Equality ◽  
The Uk

Purpose This paper addresses some of the future challenges that the vote to leave the European Union (EU) may have on the UK’s constitutional framework. The potential abolition of the Human Rights Act 1998 and its replacement with a Bill of Rights is examined in relation to the interpretation of freedom of expression. More specifically, this is analysed in relation to the often conflicting freedoms to express homophobic views and to freely express one’s sexual identity. With EU law protecting many of the recently won rights favouring lesbian, gay, bisexual and transgender (LGBT) equality, the purpose of this paper is to underline the potential dangers should this layer of international scrutiny be lost and highlight where more improvements for equality are still needed. Design/methodology/approach This paper offers a critical reflection on the recent political and judicial rhetoric which has accompanied the issues of LGBT social and legal equality. Recent judgements from domestic and European courts are analysed to identify how any potential re-interpretation of freedom of expression may affect the LGBT community. Findings While the UK has made welcome strides in improving the legal equality of the LGBT community, it is argued that the potential loss of judicial scrutiny from the European Court of Human Rights and the European Court of Justice may have negative consequences. An examination of recent judicial and political discourse demonstrates that homophobic expression – or at least tacit acceptance of it – still permeates throughout these institutional spheres. Originality/value The paper highlights how the subtleties of constitutional changes following Brexit may threaten the current progression of LGBT rights in the UK and proposes that a commitment to freedom of expression must give greater recognition to the right to express sexual identity.

Business & human rights: a commentary from the inside

2016 ◽  
Vol 29 (4) ◽  
pp. 705-711 ◽  
Author(s):  
Michael Posner
Keyword(s):  
Human Rights ◽  
Global Economy ◽  
Freedom Of Expression ◽  
First Century ◽  
Forced Labor ◽  
Labor Rights ◽  
Socially Responsible ◽  
Content Type ◽  
Business And Human Rights ◽  
The Us

Purpose – The purpose of this paper is to first, provide an overview of the genesis of the business and human rights agenda; second, to identify key areas of focus in the emerging business and human rights agenda; and, finally, to argue for an approach to engaging business in the human rights agenda that is both challenging and practically orientated. Design/methodology/approach – The paper draws on the author’s ethnographic experiences both as a human rights advocate with Human Rights First (1978-2009) and as Assistant Secretary of State for the Bureau of Democracy, Human Rights and Labor at the US State Department (2009-2013). Findings – The paper links the business and human rights agenda to the growth in size and power of corporations. It identifies six key areas of focus in this emerging agenda, specifically, supply chains and labor rights, the extractive industries especially relating to security, information technology and issues of freedom of expression, agriculture and issues of child and forced labor, and investment and socially responsible investors. The paper contends that business schools have a crucial role to play in engaging businesses in a challenging and practical way to provide them with workable solutions to these challenges. Research limitations/implications – The paper contends that we have come to the end of the beginning of the discussion of business and human rights and are now in the phase of defining what the rules are in this twenty-first century global economy. The paper provides important considerations for taking this phase forward. Originality/value – This paper provides original insights into the emergence of the business and human rights agenda. It identifies key areas of focus along with a valuable approach to making progress in these areas.

Sign in / Sign up

Export Citation Format

Share Document