Comparing Nations and States

2006 ◽  
Vol 39 (8) ◽  
pp. 996-1018 ◽  
Author(s):  
Caroline Beer ◽  
Neil J. Mitchell

Democracy and the protection of human rights generally go together, but not in India. India is an outlier in the cross-national research that aims to explain human rights performance. Using state-level subnational data and drawing on the approaches pioneered at the cross-national level, the authors examine the reasons for the outlier status. Their findings suggest that the aggregate whole-nation human rights and democracy scores misrepresent the political experience of much of India. The authors find that participation, political parties, and the level and nature of opposition threat help us understand the incidence of human rights violations within India.

2017 ◽  
Vol 13 (28) ◽  
pp. 182
Author(s):  
Olulana Olubankole Daniel

In spite of the significant efforts and influence elicited by relevant actors and mechanisms poised playing a watchdog and/or regulatory role over the states activities for an enforcement of human rights protection, the state has been observably seen to continue to record human rights violations across various countries of the world. The case is particularly more sordid for countries of the global South integrated into an international political economy structure that engenders continue far reaching relations of exploitive dominance by states of the global North and their corresponding Dominant Class. This paper examines the outlook of the state’s record of human rights violations under the Goodluck Jonathan Administration to understand if this pattern still holds sway. It also seeks to explain, with the aid of an eclectic theoretical framework constituting a mix of the Marxist and Neo-Liberal theory within the Political economy Approach, whether or not the state may continue to record human rights violations given its nature and character. The study discovered the foregoing statement to be in the affirmative and underscored the relevance of such an understanding in informing the need for the continuing enforcement efforts and influence exerted by the relevant actors and mechanisms for the protection of human rights by states. The study also recommends the need for the adjustment of the international political economy structural outlook to one that is void of an exploitative dominance of the states of the global North as well as the need for Welfarist and other relevant policies central to securing the human rights of the citizenry at a reasonable minimum to be formulated in Nigeria. The role and vibrant activities of the relevant actors and mechanisms is underscored as one central to birthing this reality as was seen in the way they galvanized public popular action in the elections that saw the voting out of the incumbent Ruling Class and its long-standing power holding party in order to birth for the desired leadership of the state that will birth forth the desired reality.


2015 ◽  
Author(s):  
◽  
John C. Davis

Previous scholarship on the political cultures of the political parties provides anecdotal evidence regarding the distinct differences between the two major U.S. political parties. This conventional wisdom is based on one important essay authored by Jo Freeman nearly 30 years ago. To date, our understanding regarding the nature and effects of the political cultures of the Democratic and Republican parties suffers from lack of rigorous empirical examination. This study explores the political cultures of the political parties by examining the behaviors of congressional members seeking their party's nomination for another office. In this dissertation, I measure the extent which the Democratic and Republican parties' political cultures effect progressively ambitious members of the U.S. Senate and U.S. House of Representatives. In addition, I provide firsthand accounts of how these cultures impact state legislative careers. The empirical tests I present in this project largely support Freeman's earlier accounts as to the nature of the two major parties' political cultures at the national level. Based on firsthand accounts, however, I also provide evidence to suggest the political cultures of the parties are subject to short-term, localized forces at the state-level.


2020 ◽  
Vol 3 (1) ◽  
pp. 50-59
Author(s):  
Farhod Khatamov ◽  

This scientific article analyzes the origin of the concept of "human rights", its historical evolution and role in the political development of society. Scientific conclusions were made by summarizing the interpretations of various periods and historical stages. The study also emphasizes that the protection of human rights and freedoms occupies a special place in the development of human civilization


2021 ◽  
pp. 026732312110121
Author(s):  
Montse Bonet ◽  
David Fernández-Quijada

This article aims to study how private European radio is becoming commercially international through the expansion of radio brands beyond their national market. It is the first ever analysis of the expansion strategies of radio groups across Europe, including their footprint in each market in which they operate, from the political economy of cultural industries. The article maps the main radio groups in Europe, analyses cross-national champions in depth and establishes three main types. This study shows that, thanks to the possibilities of a deregulated market, strengthening the role of the brand and the format, and the agreements with other groups, broadcasting radio has overcome the obstacles that, historically, hindered its cross-border expansion.


Author(s):  
Nina I. Karpachova

The task of this paper is to study the role of international human rights organizations in response to the conflict taking place in eastern Ukraine. The study is based on recent reports from the Office of the UN High Commissioner for Human Rights and the OSCE on Ukraine. The relevance of the stated topic is determined by the situation with human rights violations in the armed conflict in Ukraine and the significant role of international human rights organizations, making active efforts to resolve it. The purpose of this study is to determine the main aspects of the role that international organizations play in resolving this range of issues. This will help to identify potential opportunities to tackle the problem with human rights violations in the Ukrainian territories. The study combines quantitative and qualitative research of the entire spectrum of issues brought into the subject. The main results obtained are: analysis of the role and place of international human rights organizations in assessing the situation with the conflict in the Ukrainian territories and obtaining statistical information on the current status of human rights violations in these territories. The value of this paper lies in obtaining practical recommendations for finding ways to peacefully resolve the conflict in the East of Ukraine and implementing comprehensive measures to create conditions for the protection of human rights in this region


2015 ◽  
pp. 36-51
Author(s):  
RUDOLF DUR SCHNUTZ

The recent move towards the individual access to constitutional justice is a progress for protection of human rights in Europe. The explicit purpose of these efforts is to settle human rights issues on the national level and to reduce the number of cases at the Strasbourg Court. Such individual complaints have to be designed in a way that makes them an effective remedy which has to be exhausted before a case can be brought before the European Court of Human Rights. This paper points out the current state of these improvements on the national level in a difficult context on the European level and the recommendations of the Venice Commission in this regard.


2020 ◽  
Vol 10 (2) ◽  
pp. 253-270
Author(s):  
Achim Seifert

The following Article analyzes recent developments of German law regarding CSR and the protection of human rights in the production sites of foreign subsidiaries and suppliers of German companies. It gives a brief overview on the National Action Plan of the Federal Government, adopted in 2016, analyzes possibilities of a direct enforcement of human rights violations before German courts and gives a survey on some relevant instruments German law uses to promote the respect of human rights by German companies (e.g. CSR transparency and public procurement law). Finally, the current debate on the adoption of a “Supply Chains Act” is briefly assessed. The author argues that the CSR debate in Germany has reached a crossroad with the Federal Government’s initiative for a “Supply Chains Act” since such Act would probably establish a supply chain due diligence and also a delictual liability of German companies for human rights violations caused by a non-compliance with its statutory duties to control its supply chain. However, the outcome of this ongoing debate still is unclear.


Author(s):  
Siuzanna Mnatsakanian

Conceptual approaches to defining the nature and the scope of interim measures implementation as an instrument of human rights protection at international and national level are analyzed. The widespread use of interim measures as international standard of urgent respond to alleged violations of human rights has not led to the implementation of the legal institute concerned at the national level. Accordingly, this analysis aimed at defining the grounds of interim measures as human rights protection instrument application to be used by the state as an immediate response to human rights violations and possible violations. European Court of Human Rights has a great practice of interim measures granting. Interim measures are granted by the Court only in clearly defined conditions, namely where there is a risk that serious violations of the Convention might occur. A high proportion of requests for interim measures are inappropriate and are therefore refused. Besides, interim measures are applied upon request of the applicant claiming about alleged violations of his or her human rights. At the national level interim measures should/may be granted upon request of the applicant or by the duty-bearer’s initiative to prevent possible human rights violations. The grounds of interim measures granting should also be defined – the best international practice should be used taking into account the Ukrainian context. Another core issue analyzed is defining duty-bearers – subjects enforced to grant interim to prevent abuse in the sphere concerned. It is obvious that court shall be the only authority to resolve the substantive case of alleged human rights violation. However, public and local authorities shall be enabled to grant interim measures to prevent the possible violations. With this, the scope and the sphere of its application at the national level shall be broader in comparison with the case law of the European Court of Human Rights.


Author(s):  
Elvira Domínguez-Redondo

The political nature of the decisions creating mandates has propitiated the development of pioneering methods of work because they provided a wide margin of autonomy to experts acting as mandate holders. Their less than solid normative basis has also allowed political contestation. The legal foundations have been particularly weak in justifying working methods to handle individual communications of human rights violations, since it represents an extraordinary limitation to the sovereignty of states. In this context, states have pushed for several reforms of the UN Special Procedures with different motivations. The reform agendas pursued by the Asian and African Group have been considered as particularly threatening for the future of Special Procedures. In practice, their number has continued to grow. Furthermore, several waves of reform have resulted in standardization of practices and the provision of sounder legal bases for the methods of work of mandate holders through the approval of the Code of Conduct, among other measures. The processes of reform have forced the consideration of Special Procedures as a distinct category in the political arena.


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