Development and Economy in Mongolia through a Human Rights Law Lens

2021 ◽  
Vol 22 (2) ◽  
pp. 186-221
Author(s):  
Juan Pablo Bohoslavsky

Abstract This article studies the Mongolian economic and development policies implemented in recent years until March 2020, including its revenue matrix sustainability, from an international human rights law perspective. Policy and legal recommendations for discussion are also presented. Based on a United Nations mission the author conducted to Mongolia in 2019, this country study examines the macroeconomic policies, including debt issues, from a human rights perspective; the extent to which mineral rents are translated into inclusive and comprehensive social and environmental policies, focusing on the mining project Oyu Tolgoi; the impact of illicit financial flows on human rights; and the effects of lending for infrastructure and mining projects and other foreign direct investments. The study concludes that economic diversification and conducting effective gender-sensitive, participatory human rights and environmental impact assessments of economic reforms and mining and infrastructure projects are the main challenges Mongolia faces.

1998 ◽  
Vol 47 (2) ◽  
pp. 306-336 ◽  
Author(s):  
Johannes M. M. Chan

The Hong Kong Bill of Rights Ordinance entered into force on 8 June 1991. Its purpose is to incorporate into the law of Hong Kong the provisions of the International Covenant on Civil and Political Rights (“the ICCPR”) as applied to Hong Kong. Being one of the first occasions where the ICCPR has been given direct legal force in a common law jurisdiction, the Hong Kong experience will provide an interesting case study on how an international human rights instrument is received and interpreted in domestic law. Indeed, shortly after the coming into operation of the Hong Kong Bill of Rights Ordinance, the late Professor Opsahl predicted that it would give the ICCPR, and by implication the Human Rights Committee, a potential impact on the Hong Kong domestic legal system which could hardly be expected in other countries. He even suggested that, in dealing with matters which the Human Rights Committee has not yet considered, the interpretation of the Hong Kong courts in applying the Bill of Rights may provide a useful supplement to international human rights law. The Bill of Rights Ordinance is now seven years old. This article will address two issues: first, the impact international and comparative jurisprudence has had on the interpretation of the Hong Kong Bill of Rights and, second, the contribution the Hong Kong jurisprudence on the Bill of Rights has or could have made to the development of international and comparative human rights law.


2018 ◽  
Vol 12 (1) ◽  
pp. 29-48 ◽  
Author(s):  
Dan Svantesson

The law of Internet jurisdiction is facing a crisis. While there is widespread and growing recognition that we cannot anchor Internet jurisdiction in the outdated, typically overstated, and often misunderstood, territoriality principle, few realistic alternatives have been advanced so far.This article seeks to provide an insight into the conceptual mess that is the international law on jurisdiction; focusing specifically on the concepts of sovereignty and jurisdiction, with limited attention also given to the impact of comity, and international human rights law. These issues are studied through the lens of the so-called Google France case that comes before the CJEU in 2018. The article argues that we may usefully turn to the Swedish “lagom” concept – which allegedly stems from Viking era drinking etiquette – as a guiding principle for how we approach Internet jurisdiction.


Author(s):  
Wolfrum Rüdiger

This article examines the role and influence of the principle of solidarity on international human rights law. It analyses the pronouncement of the United Nations on solidarity and the impact of solidarity on some international legal regimes concerned with peace, trade law and environmental law. This article argues that solidarity not only facilitated the internationalization of human rights concerns but also significantly influenced modern doctrines of reparations for human rights victims, the responsibility to protect and humanitarian assistance.


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