scholarly journals Indigenous Water Ontologies, Hydro-Development and the Human/More-Than-Human Right to Water: A Call for Critical Engagement with Plurilegal Water Realities

Water ◽  
2021 ◽  
Vol 13 (12) ◽  
pp. 1660
Author(s):  
Lieselotte Viaene

Water conflicts across the world are bringing to the fore fundamental challenges to the anthropocentric boundaries of the human rights paradigm. Engaging with the multi-layered legal ethnographic setting of the Xalalá dam project in Maya Q’eqchi’ territory in Guatemala, I will critically and empirically unpack not only the anthropocentric boundaries of the hegemonic human rights paradigm, but also the ontological differences between indigenous and Euro-Western legal conceptualizations of human-water-life. I argue that it is necessary to pave the way for urgent rethinking of the human right to water and, more broadly, human rights beyond the modern divide of nature-culture. International law and human rights scholars should therefore not be afraid of plurilegal water realities and should start engaging with these ontologically different concepts and practices. Embarking on a bottom-up co-theorizing about human and beyond-the-human water rights will be imperative to avoid recolonization of indigenous knowledges-ontologies by non-indigenous scholarships and public policy.

2017 ◽  
Vol 1 (1) ◽  
pp. 51-67
Author(s):  
Irawati Handayani

AbstractHuman rights issues have become a common topic that continuously being discussed around the world. The major concern of international community on the protection of basic human rights leads to a challenge for the nation state to fulfill its commitment to protect the basic rights of their people from the possibility of harm that comes from internally or externally. Meanwhile, the principle of mutual understanding and respect among states and non-interference to domestic affairs of particular state has been generally recognized as the main principle in international law. Sometimes, a conflict that occurred inside a state, which is theoretically becomes a domestic issue, could be escalated and become a mutual concern of international society. When a human right violation occurred inside a state, ideally international community can not only ‘sit and watch’. Especially when the violations are classified as grave breaches of human rights. The world community has a moral obligation to offer an assistance and search a solution to end that violations.It is cleary noted that Article 2 (4) and Article 2 (7) United Nations (UN) Charter should not be regarded as an absolute prohibition of interference. Those articles are the limitation so that the intervention should not endangered territorial integrity, political independence and not contrary to the purposes of UN. However, the territorial integrity would be broken if the state lose their territory permanently, and in the context of humanitarian intervention there is no taking over a territory, since the main purpose is only to restore the condition as a result of human rights violation that occurred. Based on this assumption so intervention not contrary to UN Charter. One thing should be emphasized is that the requirements for intervention have to be very clear.Following an unsettled debate on criterion of humanitarian intervention, a few years ago there were a new concept which is believed as an improvement or a ‘new face’ from humanitarian intervention. It called the doctrine of Responsibility to Protect. Generally, both of these concepts have similarity, especially with the main purpose on guarantee basic human rights and provide such protection when the authorized government is unable and unwilling to do so. However, the RtoP doctrine can not also avoid its controversy. The main discussion on this doctrine particularly questioning the legal status of this doctrine in international law and whether RtoP is only a new form of humanitarian intervention.Keywords: humanitarian internvention, responsibility to Protect (R2P), duty to protect, non intervention, customary international law.AbstrakIsu mengenai HAM telah menjadi topik umum yang terus menerus didiskusikan diseluruh dunia. Perhatian utama dari komunitas internasional dalam hal perlindungan mendasar HAM selanjutnya menantang negara-negara untuk melakukan pemenuhan komitmen mereka agar melakukan perlindungan hak-hak mendasar dan tindakan yang dapat mengancam baik secara internal maupun secara eksternal. Sementara itu prinsip salaing pengertian dan penghargaan antar negara, prinsip non-intervensi dalam hubungan domestik telah diakui sebagai prinsip utama dalam hukum internasional. Kadang, konflik yang lahir di dalam negeri, yang secara teori adalah konflik domestik, dapat menjadi perhatian bersama masyarakat internasional. Pada saat terjadi pelanggaran HAM didalam suatu negara, seharusnya komunitas internasional tidak hanya ‘duduk dan melihat’. Khususnya pada saat terjadi pelanggaran yang dikategorikan sebagai pelanggaran berat terhadap HAM. Komunitas negara mempunyai kewajiban moral untuk menawarkan bantuan dan mencari solusi untuk mengakhiri pelanggaran tersebut.Seperti yang dijelaskan dalam Pasal 2 (4) dan Pasal 2 (7) Piagam PBB, pasal-pasal ini tidak dapat diangap sebagai larangan absolut interfensi. Pasal-pasal tersebut adalah pembatasan sehingga intervensi tidak membahayakan inegritas wilayah, indpendensi politik dan tidak bertentangan dengan tuujuan PBB. Meskipun demikian, integritas wilayah dapat hilang apabila negara kehilangan wilayahnya secara permanen, dan dalam konteks intervensi kemanusiaan tidak ada pengambil alihan wilayah, karena tujuan utamanya hanya untuk mengembalikan kedaaan pada saat terjadinya pelanggaran HAM. Berdasarkan asumsi tersebut, maka intervensi tidak bertentangan dengan Piagam PBB. Hal lain yang harus diperjelas bahwa alasan intervensi haruslah jelas.Mengikuti perdebatan yang tidak kunjung sellesai tentang kriteria intervensi kemanusiaan, beberapa tahun yang lalu dibuatlah suatu konsep yang dianggap sebagai wajah baru dari intervensi kemanusiaan. Secara umum, kedua konsep ini mempunyai kesamaan, terutama dengan tujuan utama dalam menjamin HAM dan menyediakan sejumlah perlindungan pada saat pemerintah yang berwenang tidak mampu dan tidak dapat memberikan jaminan HAM. Meskipun demikian, Doktin RtoP tidak dapat terhindar dari kontroversi. Diskusi utama dari doktrin ini adalah pertanyaan tentang status hukum dari doktrin hukum internasional dan apakah RtoP merupakan bentuk lain dari intervensi kemanusiaaan. Kata kunci: intervensi kemanusiaan, tanggung jawab untuk melindungi (R2P), kewajiban perlindungan, non intervensi ̧ hukum kebiasaan internasional.


2016 ◽  
Vol 65 (4) ◽  
pp. 771-789 ◽  
Author(s):  
The Rt Hon Lady Justice Arden

Human rights are one of the great ideas of the twentieth century. After World War II, first Eleanor Roosevelt in relation to the Universal Declaration of Human Rights (‘the Universal Declaration’), and then later the drafters of the European Convention on Human Rights (‘the European Convention’) saw human rights as the way to make the world fairer and safer.


Author(s):  
Mary Ellen O’Connell

William Schabas courageously declared that peace is a human right at a time when prominent human rights advocates have called for the use of military force in the support of human rights. This chapter in his honour supports his position. Human rights law and the law of peace are aligned; both are essential to the flourishing of humanity and the natural world. The chapter seeks a reversal of the trend that accepts killing in the name of human rights as morally justified and possibly even lawful. Following Schabas, the argument here is for greater understanding of the interconnected and mutually reinforcing nature of general international law, especially the law of peace, and human rights law. Humanity needs peace for human rights to flourish, and the world needs the robust rule of law for peace.


Author(s):  
Emilie M. Hafner-Burton

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. This book takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. The book argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. This book illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.


Author(s):  
Bożena Drzewicka

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.


2005 ◽  
Vol 18 (4) ◽  
pp. 717-745 ◽  
Author(s):  
THOMAS POGGE

Various human rights are widely recognized in codified and customary international law. These human rights promise all human beings protection against specific severe harms that might be inflicted on them domestically or by foreigners. Yet international law also establishes and maintains institutional structures that greatly contribute to violations of these human rights: fundamental components of international law systematically obstruct the aspirations of poor populations for democratic self-government, civil rights, and minimal economic sufficiency. And central international organizations, such as the WTO, the IMF, and the World Bank, are designed so that they systematically contribute to the persistence of severe poverty.


2020 ◽  
Vol 114 ◽  
pp. 193-199
Author(s):  
Sean D. Murphy ◽  
Claudio Grossman

Our conversation might begin by looking backward a bit. The human rights movement from 1945 onward has been one of the signature accomplishments of the field of international law, one that refocused our attention from a largely interstate system to a system where the individual moved in from the periphery to the center. Human rights champions point to numerous landmark treaties, numerous institutions, and the rise of NGOs as a critical vehicle for developing and monitoring human rights rules. Yet others look at the international human right system and still see the state as overly central, tolerating and paying lip service to human rights, but too easily discarding them when they prove to be inconvenient. The persistence of racism comes to mind. As a general matter, how would you assess the strengths and weaknesses of the system that was built essentially during your lifetime?


2021 ◽  
Vol 3 (1) ◽  
pp. 117-122
Author(s):  
Mohammad Yufi Al Izhar

Human Rights are basically universal and their rights cannot be taken and revoked by anyone. This is interpreted no matter how bad a person's behavior, a person will still be considered as human as they should be, and will continue to have their rights as human beings, which means that their human rights are inherent and will always be permanently attached to him. Human Rights (HAM) are believed to be the right of life naturally possessed by every human being without exception and a special human thing such as class, group, or social level. Human Rights have basically been championed by humans in all parts of the world throughout the ages. The book written by Prof. Dr. Rahayu, which is very intended for both Faculty of Law students and non-Faculty of Law students, provides an answer to the doubts of the public regarding Human Rights that actually occur in Indonesia and internationally. She also explained the meanings of the struggle of each country that issued their public opinion in the interest of the International, this meant that something that happened in the international arena was certainly a collection of perceptions of settlement within a country. Therefore, Human Rights Law cannot be separated from the main supporting factors which are the material of the countries that make the agreement.


2016 ◽  
Vol 14 (1) ◽  
Author(s):  
Masthuriyah Sa’dan

In Islamic jurisprudence (fiqh), the right to choose a partner for a woman is set by families. This then becomes the spotlight of many circles who argue that fiqh is discriminatory against women. Muslim men have the right to decide with whom to marry. In contrary, Muslim women do not have such a right. Women right is taken over by parents in the name of Islamic law. In the World Conference on Population and Women in Cairo-Egypt in 1994, however, women were proclaimed to have their own reproductive rights that must be protected and maintained. One form of the demands of the reproductive rights is the right of women to determine their own life partner. This paper wants to examine the right to choose a husband for women from the perspective of Islamic law and international law on human rights. Keywords: the right to choose, women, Islamic law, human rights.


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