scholarly journals The potential and pitfalls of the vulnerability concept for human rights

2021 ◽  
Vol 39 (3) ◽  
pp. 190-197
Author(s):  
Alexandra Timmer ◽  
Moritz Baumgärtel ◽  
Louis Kotzé ◽  
Lieneke Slingenberg
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Social Rights ◽  
Human Rights Law ◽  
The Past ◽  
The Future

In the past decade or so, vulnerability has become a fairly prominent concept in human rights law. It has evolved from being an underlying notion to an explicit concept. This column takes stock of vulnerability's relationship to, and possible influence on human rights law, assessing the concept's potential and pitfalls. It focuses on the not altogether unrelated issues of migrants’ social rights and on the role of human rights in environmental protection. The discussion commences with a reflection on the potential of vulnerability to re-interrogate those aspects of the human rights paradigm that relate to environmental protection. The next section focuses on the potential of vulnerability to enhance migrants’ social rights within human rights law. Subsequently, it focuses on the pitfalls and the difficulties of the vulnerability concept. It concludes by offering an outlook for the future of the concept.

Provision of Remedies for Violation of Economic, Social and Cultural Rights: A Comparative Study of the United Nations, Inter-American and African Human Rights Systems

2020 ◽  
Vol 28 (2) ◽  
pp. 298-318
Author(s):  
Roman Girma Teshome
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Comparative Study ◽  
Economic Rights ◽  
Regional Monitoring ◽  
Cultural Rights ◽  
The Past ◽  
The United Nations ◽  
To Receive

The effectiveness of human rights adjudicative procedures partly, if not most importantly, hinges upon the adequacy of the remedies they grant and the implementation of those remedies. This assertion also holds water with regard to the international and regional monitoring bodies established to receive individual complaints related to economic, social and cultural rights (hereinafter ‘ESC rights’ or ‘socio-economic rights’). Remedies can serve two major functions: they are meant, first, to rectify the pecuniary and non-pecuniary damage sustained by the particular victim, and second, to resolve systematic problems existing in the state machinery in order to ensure the non-repetition of the act. Hence, the role of remedies is not confined to correcting the past but also shaping the future by providing reforming measures a state has to undertake. The adequacy of remedies awarded by international and regional human rights bodies is also assessed based on these two benchmarks. The present article examines these issues in relation to individual complaint procedures that deal with the violation of ESC rights, with particular reference to the case laws of the three jurisdictions selected for this work, i.e. the United Nations, Inter-American and African Human Rights Systems.

THE ROLE OF THAI PEOPLE IN VIETNAM – LAO TRADITIONAL FRIENDSHIP

2020 ◽  
Vol 9 (1) ◽  
Author(s):  
Pham Van Loi
Keyword(s):  
Ethnic Group ◽  
Border Crossing ◽  
The Past ◽  
The Future ◽  
Thai People ◽  
Northwest Region ◽  
Coherent Relationship ◽  
National Borders

Vietnam - Laos has more than 2,000 km of common national borders. The coherent relationship between the two nations and the inhabitants of the two countries has been formed and fostered in history and especially developed over the past 7 decades. The Thai ethnic group in Vietnam has over one million people, residing permanently, concentrated in the Northwest region, the region consists of 8 provinces, of which 4 provinces have the Vietnam-Laos border crossing. This paper focuses on clarifying the practical basis for the Thai people to play a role in the traditional Vietnam-Laos friendship and propose some solutions to promote the role of Thai in maintaining, developing the traditional friendship between Vietnam and Laos, now and in the future.

The Influence of the Two Covenants on States Parties Across Regions

2018 ◽  
Author(s):  
Samantha Besson
Keyword(s):  
Human Rights ◽  
Domestic Institutions ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Third ◽  
International Human ◽  
Domestic Influence ◽  
Domestic Law

As a companion to the five regional reports in this volume, this chapter’s aim is a double one: first, to bring the comparison up to the regional level, and second, to analyse the international and domestic institutions, procedures, and mechanisms that affect how international human rights instruments influence domestic law. The chapter is therefore both a study in comparative international human rights law and a contribution to its methodology. Its structure is four-pronged. The first section clarifies the aim, object, and method of the comparison. The second section presents a comparative assessment of the Covenants’ domestic influence across regions and develops a grid of comparative analysis. The third section addresses the authority of the Committees’ interpretations of the Covenants, relying on a bottom-up comparative law argument. The fourth section discusses the role of human rights comparison and of regional human rights law in enhancing the legitimacy of the Committees’ future interpretations.

A corpus-based investigation of techno-optimism and propositional certainty in the National Intelligence Council’s ‘Future Global Trends Reports’ (2010–2035)

2017 ◽  
Vol 12 (1) ◽  
pp. 39-57
Author(s):  
Jamie McKeown
Keyword(s):  
Global Trends ◽  
Future Role ◽  
Ideological Bias ◽  
The Past ◽  
The Us ◽  
The Future ◽  
The Subject ◽  
Global Peace ◽  
Discursive Representations

This article reports the findings from a study of discursive representations of the future role of technology in the work of the US National Intelligence Council (NIC). Specifically, it investigates the interplay of ‘techno-optimism’ (a form of ideological bias) and propositional certainty in the NIC’s ‘Future Global Trends Reports’. In doing so, it answers the following questions: To what extent was techno-optimism present in the discourse? What level of propositional certainty was expressed in the discourse? How did the discourse deal with the inherent uncertainty of the future? Overall, the discourse was pronouncedly techno-optimist in its stance towards the future role of technology: high-technological solutions were portrayed as solving a host of problems, despite the readily available presence of low-technology or no-technology solutions. In all, 75.1% of the representations were presented as future categorical certainties, meaning the future was predominantly presented as a known and closed inevitability. The discourse dealt with the inherent uncertainty of the subject matter, that is, the future, by projecting the past and present into the future. This was particularly the case in relation to the idea of technological military dominance as a guarantee of global peace, and the role of technology as an inevitable force free from societal censorship.

scholarly journals Where Does the World Historian Write From? Objectivity, Moral Conscience and the Past and Present of Imperialism

2011 ◽  
Vol 46 (3) ◽  
pp. 671-685 ◽  
Author(s):  
Richard Drayton
Keyword(s):  
Iraq War ◽  
Imperial History ◽  
The Public ◽  
The Past ◽  
Academic Subject ◽  
The World ◽  
The Future ◽  
Ethical Responsibilities

The contemporary historian, as she or he speaks to the public about the origins and meanings of the present, has important ethical responsibilities. ‘Imperial’ historians, in particular, shape how politicians and the public imagine the future of the world. This article examines how British imperial history, as it emerged as an academic subject since about 1900, often lent ideological support to imperialism, while more generally it suppressed or avoided the role of violence and terror in the making and keeping of the Empire. It suggests that after 2001, and during the Iraq War, in particular, a new Whig historiography sought to retail a flattering narrative of the British Empire’s past, and concludes with a call for a post-patriotic imperial history which is sceptical of power and speaks for those on the underside of global processes.

Social movements, reframing investment relations, and enhancing the application of human rights norms in international investment law

2020 ◽  
pp. 1-28
Author(s):  
Moshe Hirsch
Keyword(s):  
Human Rights ◽  
Social Movements ◽  
International Investment ◽  
Human Rights Law ◽  
International Investment Law ◽  
Investment Arbitration ◽  
Public Pressure ◽  
Local Actors ◽  
Investment Law

Abstract The recent moderate trend to increasingly apply human rights law in investment awards is accompanied by certain new investment treaties which include expressed human rights provisions. An analysis of recent investment awards indicates that though there are some ‘winds of change’ in this field, it is equally noticeable that human rights law is far from being mainstreamed in international investment law. Investment arbitration procedural law is also undergoing a process of change, and the new procedural rules tend to enhance public elements in the investment arbitral system. This study is aimed at explaining these recent legal changes, highlighting the role of social movements in reframing investment relations as well as increasing public pressure to apply human rights law. These framing changes concern broadening the frame of investment arbitration (beyond the foreign investor–host state dyad), reversing the perceived balance of power between investors and host states, and zooming-in on local individuals and communities residing in host states. The discussion on factors impeding legal change in this field emphasizes the role of the private legal culture prevalent in the investment arbitration system, which is reflected and reinforced by certain resilient socio-legal frames. Informed by this analysis, the study suggests some legal mechanisms which can mitigate the inter-partes frame, and increase the application of human rights law in investment arbitration; inter alia, rigorous transparency rules that are likely to facilitate increased public pressure on tribunals and increase the participation of social movements representing local actors in arbitral processes.

Debt Crisis and Learning – Replying to Two Stimulating Reviews

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Juan Pablo Bohoslavsky ◽  
Kunibert Raffer
Keyword(s):  
Human Rights ◽  
Sovereign Debt ◽  
Debt Crisis ◽  
Equal Treatment ◽  
Human Rights Law ◽  
Policy Space ◽  
Debt Crises

AbstractThis piece tackles Barrio Arleo and Lienau’s comments on Sovereign Debt Crises: What Have We Learned? while tries to further develop some ideas and discussions proposed in the book. This piece deals with existing alternatives to overcome debt crises, the link between sovereign policy space and the principle of creditors’ equal treatment, who the target of the book is (and should be), whether “learning is enough”, and the potential policy and legal role of human rights law in debt restructurings.

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