scholarly journals The Anthropocene, Earth system vulnerability and socio-ecological injustice in an age of human rights

2019 ◽  
Vol 10 (1) ◽  
pp. 62-85 ◽  
Author(s):  
Louis J. Kotzé
Keyword(s):  
Human Rights ◽  
Earth System ◽  
Human Beings ◽  
System Vulnerability ◽  
Alternative Approach ◽  
Starting Point ◽  
Vulnerability Theory ◽  
The Many ◽  
Regulatory Challenges

Despite important victories, human rights have been unable to respond effectively to the many deeply intertwined socio-ecological injustices in the Anthropocene. In particular, human rights have failed to practically address, in a meaningful way, the plights of billions of oppressed human beings (and failed to address the vulnerability of non-human beings), while conceptually human rights are proving to be ill-suited for the epistemic demands of the Anthropocene. As a trope, the Anthropocene presents an opportunity to re-interrogate the role of human rights as key mechanisms in the state's regulatory mix to address socio-ecological injustices arising within the context of a vulnerable Earth system. This article reflects upon whether a re-interrogation could be accomplished by utilizing vulnerability theory, which is an alternative approach to ethical evaluation. As a heuristic, vulnerability has the potential to inform an ontological change of stance away from a human-centred, neoliberal, and impregnably Western understanding of human rights, towards an altogether more porous and contingent understanding of the vulnerability of the entire living order as a starting point from which to critique the epistemological closures and regulatory challenges confronting the human rights paradigm in the Anthropocene.

Solidarity and Social Justice in the European Union Seventy Years after the Universal Declaration of Human Rights: The Role of European Judges

2019 ◽  
Vol 76 (3-4) ◽  
pp. 138-148
Author(s):  
Francesco Zammartino
Keyword(s):  
Human Rights ◽  
Universal Declaration ◽  
Social Progress ◽  
Economic Policies ◽  
International Level ◽  
The European Union ◽  
Human Beings ◽  
Government Programs ◽  
Binding Force

Seventy Years after its proclamation, the Universal Declaration of Human Rights, despite not having a binding force for the states, still provides at international level the fundamental text from which the principles and the values for the preservation of liberty and right of people are taken. In this article, the author particularly underlines the importance of Declaration’s article 1, which states: “All human beings are born free and equal in dignity and rights”. With these words the Declaration presses states to undertake economic policies aimed at achieving economic and social progress for all individuals. Unfortunately, we also have to underline the lack of effective social policies in government programs of the E.U. Member States. The author inquires whether it is left to European judges to affirm the importance of social welfare.

Corporate (Non-)Accountability and Human Rights

2018 ◽  
Vol 46 (4-5) ◽  
pp. 503-523
Author(s):  
Stéfanie Khoury
Keyword(s):  
Human Rights ◽  
Global Economy ◽  
Codes Of Conduct ◽  
Washington Consensus ◽  
Corporate Accountability ◽  
Criminal Courts ◽  
Race To The Bottom ◽  
Alternative Approach ◽  
Binding Mechanisms

Abstract The role of business in violations of human rights has been at the heart of international debates for decades. As early as the 1970s attempts were made at the UN by Global South nations (known as the G-77) to establish internationally-binding mechanisms to address corporate violations of human rights. Ultimately, those attempts were watered down into “codes of conduct”. In the early 1990s, the “Washington Consensus” was used to steer states to deregulate and restructure their economies in a race-to-the-bottom that placed emphasis upon integrating the global economy over human rights and environmental protections. Although corporate violations existed before, it was only at this juncture that many human rights cases were brought into public view. Some litigation was pursued, but it was most often in tort, and sometimes in criminal courts. This article argues that the existing regional human rights courts have bolstered corporate human rights, while at the same time have remained on the sidelines of addressing corporate accountability. The emergent ASEAN human rights system has not yet developed a human rights court. The article suggests that there are key grassroots movements shaping human rights discourses around corporate accountability through the region and that these offer exciting prospects for an alternative approach to addressing corporate accountability through a prospective supervisory mechanism.

scholarly journals Participation and the role of Public Space

2008 ◽  
Vol 2 ◽  
Author(s):  
Anna Gabriel Copeland
Keyword(s):  
Human Rights ◽  
Young People ◽  
Public Space ◽  
Legal System ◽  
Children And Young People ◽  
Civic Society ◽  
Broad Definition ◽  
The Many ◽  
Definition Of

This article examines participatory rights as human rights and considers their importance to the lives of children and young people. It argues that a broad definition of participation needs to be used which takes us from 'round tables' to understanding that young people participate in many different ways. It points out that failure to recognise and respect the many varied ways that children and young people choose to participate results in a breach of their human rights. It shows how our socio-legal system operates to permit and support these breaches of the rights of children and young people, resulting in their alienation from civic society.

From Myth to History: Historicizing a Sage for the Sake of Persuasion in the Yellow Emperor Narratives

2017 ◽  
Vol 3 (1) ◽  
pp. 91-116 ◽  
Author(s):  
Hanmo Zhang
Keyword(s):  
Historical Figure ◽  
Alternative Approach ◽  
Chinese Scholars ◽  
Chinese Texts ◽  
The Many ◽  
Remote Past

Among the many depictions of the Yellow Emperor that survive in a number of early Chinese texts, the historicized image of this purported ancient sage king has been accepted by many Chinese scholars as that of a historical figure and has greatly inspired their reconstruction of China’s remote past. In examining some of the extant Huangdi narratives, especially passages preserved in theDiscourses of the States[Guoyu],Records of the Grand Historian[Shiji], andRemaining Zhou Documents[Yi Zhoushu], this paper reveals a trend of historicizing an originally mythical Yellow Emperor presented in early Chinese writings. It also explores the historiographical reasoning behind such historicization and provides an alternative approach emphasizing the role of persuasion in the Huangdi narratives.

Creative Industries and the Urban Hierarchy

2008 ◽  
pp. 42-57 ◽  
Author(s):  
Scott Baum ◽  
Tan Yigitcanlar ◽  
Kevin O’Connor
Keyword(s):  
Regional Development ◽  
21St Century ◽  
Creative Industries ◽  
Creative Industry ◽  
Urban Hierarchy ◽  
Starting Point ◽  
The Many ◽  
Different Levels ◽  
Policy Discussion

As the 21st century progresses, the most successful economies and societies will be creative ones. Worldwide, governments are producing strategies to encourage the development of creative industries and to strengthen the role of knowledge cities nationally and internationally. There is significant policy discussion regarding the role of creative clusters in strengthening local economies and significant energy has been expended discussing the many positive outcomes of such developments. This chapter takes these issues as a starting point and considers the role of creative industries within broader concerns regarding regional development. Referring to data and analysis on the urban and regional geographies of creative industries the chapter considers the extent to which places at different levels of the settlement hierarchy can successfully develop creative industry nodes.

11. Laws, Constitutions, and Federalism

Politics ◽  
2018 ◽  
Author(s):  
Peter Ferdinand ◽  
Robert Garner ◽  
Stephanie Lawson
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Basic Structure ◽  
The State ◽  
Fundamental Rights ◽  
Political Life ◽  
Social Diversity ◽  
Constitutional Courts ◽  
Alternative Approach

This chapter explores the interrelationships between law, constitutions, and federalism. It first explains the importance of constitutions in shaping the basic structure of the state and the fundamental rights of citizens that they establish before discussing the Universal Declaration of Human Rights, in particular asking whether it is Western-centric. It then considers the ways in which states may attempt to realize justice in applying the law, with emphasis on the distinction between Islamic and Western practice. It also examines the role of constitutional courts and judicial review, legal adjudication of political problems, how the institution of federalism is used to contain the powers of the state and to manage diverse societies, and consociationalism as an alternative approach to handling social diversity. Finally, it analyses the increasing legalization of political life.

Are Human Rights Wrong? A Human-Language Ethic Approach to Global Poverty

2011 ◽  
Vol 10 (1) ◽  
pp. 213-223
Author(s):  
Timothy A. Weidel
Keyword(s):  
Human Rights ◽  
Sense Of Community ◽  
Global Poverty ◽  
Human Language ◽  
Human Beings ◽  
Human Needs ◽  
The Poor ◽  
Alternative Approach

AbstractIn this article, I offer an alternative approach to global poverty by challenging the current ethic of human rights. I argue for what I see as a true human-language ethic, influenced by Marx, which appeals to the claim that global poverty not only directly harms the poor, but actually harms everyone. As human beings, we all have needs that we must satisfy in order to survive. Contrary to human rights’ treatment of individuals as atomistic beings, I argue that a sense of community and connection to the global poor is necessary to meet their (as well as our) human needs. In addition, since labor is a necessary vehicle for meeting such needs, the poor must have access to means of employment. They (and we) must dialogue and labor to meet the needs of all human beings.

scholarly journals Gagasan Al-Qur'an tentang Hukum Sejarah

2015 ◽  
Vol 3 (1) ◽  
Author(s):  
Artani Hasbi
Keyword(s):  
Human Rights ◽  
Legal History ◽  
Human Society ◽  
Human Beings ◽  
The People ◽  
Historical Role ◽  
As If

The Qur'an speaks of human beings as closely associated with the laws of history. Many verses contain a suggestion to human about the role of history. Humans have to adjust the provisions that have been established on the facts and reality that clear and complete. Conditions set by God is a "dying" for a society / nation. The people can get the victory, but also can suffer defeat. "....if you get injured (in battle), verily others (enemies) also received a similar injury. The days of the victory, We (God) shifts (the victory) among men". (Qur'an, Ali Imran, 3: 140). Qur'an as if to say: do not fancy that God's victory is a right reserved for humans, (know) the victory is natural for human rights, for anyone who has met the requirements to achieve the win according to the laws of history and in accordance with the provisions of Allah (the laws) are applied in reality, not just theory syar'i. Winning and losing is a discussion about the man with all the dynamics. Even the Qur'an highlights the human society that is more clean and pure to appear in the stage of history to win the war, despite all the engineering and deceit, intimidation and torture. The truth will still prevail. The Qur'an reminds destruction, if they are not able to take a role in the dynamics of history, and not capable of taking the minutes of the Lord in playing its historical role. Legal history will show that the community / nation who are unable to carry out the minutes of the Lord will soon sink, then counter posed other nations that have prepared themselves with superior capabilities, so as to play a historical role as a witness of human civilization. The ordinance of God shows the linkage between victory and success, if the fulfillment of the requirements and able to achieve it.

Human Dignity and the Ethics and Regulation of Technology

2017 ◽  
Author(s):  
Marcus Düwell
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Human Action ◽  
Human Beings ◽  
Normative Concept ◽  
Human Rights Regime ◽  
The Way

This chapter investigates how human dignity might be understood as a normative concept for the regulation of technologies. First, various distinctions that are relevant for the way human dignity can be understood are discussed. It is argued that it is particularly important that we should see human dignity as a concept that ascribes a specific status that forms the basis of the human rights regimes. Second, the author’s own approach, inspired by Kant and Gewirth, is presented, it being proposed that we should see the concrete content of human dignity as the protection of the authority of human beings to govern their own lives. Third, various consequences for the evaluation of technologies are discussed. In a context of major global and ecological challenges, together with the replacement of human action by automation, the role of human dignity becomes one of guiding the development of a technology-responsive human rights regime.

scholarly journals The Role of NGOs (Non-governmental organizations) in Participatory Prevention of Environmental crimes

2020 ◽  
Vol 24 ◽  
pp. 16
Author(s):  
Shirin Aghajani
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Research Method ◽  
Human Beings ◽  
Criminal Proceedings ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Right ◽  
Development And Environment

Crimes against the environment are actions that in certain circumstances cause Pollution, destruction or damage to the environment. The importance of preventing these crimes is because it relates directly to the health of human beings. Today non-governmental actors play an important role in the national and international arena.The Geographical diversity of activities and their different functions has led to state actors cannot be indifferent to the role of these new actors. NGOs are involved in two "competing" or "partner" forms of governments. In issues related to human rights, these to be a competitor to governments. While in the case of issues such as health development and environment it is considered as a partner of governments. In Iran's legal system the action role of these organizations in regard to environmental protection is undeniable: But there is still a lot of vacuum at the reactionary stage: must provide suitable substrates for the active Participation of this actors in environmental litigation: In a way that they can achieve a favorable position in criminal proceedings: Also, the organization of NGOS as the right hand of governments in helping to solve these problems has also a special place. The research method was descriptive-analytic and the date was collected as a library. In this research we decided to investigate the role of grassroots institutions in preventing environmental crime and accomplish the strengths and weaknesses of these institutions.

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