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This chapter explores the complex connection between upholding land rights and the successful application of nature-based solutions (NBS) in the Middle East and North Africa (MENA) region. It underscores the necessity of integrating indigenous wisdom, local customs, and community engagement into the design of NBS. By doing so, this research underscores the significance of honoring land rights, maintaining sustainable livelihoods, and achieving goals related to biodiversity conservation. By deeply examining the intricate relationship among land tenure, community engagement, and effective conservation practices, this chapter makes a substantial contribution to the ongoing academic conversation about how to practically implement NBS for conserving biodiversity.
This chapter rehearses the standard intellectual history of dignity, which begins in antiquity, then moves to the Italian Renaissance philosopher Pico della Mirandola and the eighteenth-century Prussian philosopher Immanuel Kant, and eventually reaches the twentieth-century development of dignity as a concept that has a prominent place in national constitutions and international human rights law and in the interpretative texts and legal commentaries thereon. In a final section, the chapter revisits Kant, concluding with the thought that it might not be possible to uproot the ideology of race which Kant helped to legitimate without tracing its connections to his ideas about human dignity.
Public administrations are increasingly deploying algorithmic systems to facilitate the application, execution, and enforcement of regulation, a practice that can be denoted as algorithmic regulation. While their reliance on digital technology is not new, both the scale at which they automate administrative acts and the importance of the decisions they delegate to algorithmic tools is on the rise. In this chapter, I contextualize this phenomenon and discuss the implementation of algorithmic regulation across several public sector domains. I then assess some of the ethical and legal conundrums that public administrations face when outsourcing their tasks to such systems and provide an overview of the legal framework that governs this practice, with a particular focus on the European Union. This framework encompasses not only constitutional and administrative law but also data protection law and AI-specific law. Finally, I offer some take-aways for public administrations to consider when seeking to deploy algorithmic regulation.
Does shaming human rights violators shape attitudes at home? A growing literature studies the effect of shaming on public attitudes in the target state, but far less is known about its effect in countries initiating the criticism – that is the shamers. In this article, I theorize that when governments shame human rights violators they shape both government approval and human rights attitudes at home. Utilizing two US-based survey experiments, I demonstrate that by shaming foreign countries, governments can improve their image at home and virtue signal their dedication to human rights. At the same time, shaming can modestly shape tolerance towards certain domestic human rights violations. I consider the generalizability of my results through comprehensive supplementary analyses, where experimental insights are corroborated with cross-national observational data. Overall, my findings can provide valuable insight into governments’ incentives to engage in foreign criticism.
In the early stages of the COVID-19 pandemic, the treatment of cruise ships by coastal states was inconsistent, with some ships being allowed to dock while others were not. To that end, this Note focuses on the obligations that a coastal state owes to the individuals onboard the cruise ships in the context of the COVID-19 pandemic, including the rights to life and health. It further considers whether and how such rights are to be balanced with other countervailing considerations of such states, such as the risk of transmission to the local communities. This author concludes with the view that individuals onboard the cruise ships can, and should, consider turning to international human rights law for guidance and recourse. After all, the human rights regime is most suited for and accustomed to governing the relationship between individuals and a state, as compared to between states.
The UN General Assembly, a body including representatives of all UN member governments, serves as the primary forum for defining a better world order through peaceful change. It has endorsed programs of peaceful change at all levels of ambition at different times and on different issues. Much of its activity has focused on the minimalist goal of averting or ending particular wars. On other issues, most notably decolonization, national economic development, and adding environmental concerns to the intergovernmental agenda, it has contributed to incremental change in the states system. Yet the limits on what governments would endorse became clear on issues such as human rights where changes would affect domestic political orders. The end of the Cold War and related domestic-level political changes provided the context for higher ambition, which peaked in 2005 when the General Assembly endorsed the Sustainable Development Goals (SDGs). The SDGs offered a vision of deep peace in which universal respect for human rights, human development, and human security prevail within ecologically sustainable societies. Yet the subsequent spread of authoritarian rule within states and increased geopolitical tensions between major states have reinforced governments’ traditional approaches to states system, reducing the ambition of programs for peaceful change.
Despite its contested scientific validity, polygraph interviewing is now an established yet opaque practice within criminal justice in England and Wales, with statute law covering polygraph use in the context of probation for released offenders. In this paper, we highlight non-statutory uses of the polygraph by police forces in England and Wales by presenting analysis of responses to freedom of information (FOI) requests. The boundaries around police polygraph use are undefined and potentially elastic. The policies disclosed state that polygraph interviewing is conducted with regard to the Police and Criminal Evidence Act 1984 (PACE) and the Human Rights Act 1998; yet it is denied that a polygraph examination is a criminal interview conducted under PACE. Furthermore, there is a significant risk that the common law may not satisfy the quality of law requirement insofar as it is insufficiently clear who will be subject to polygraph testing, why and in what circumstances. Therefore, we argue that the legal basis for the police’s use of the polygraph is inadequate and imprecise. Without openness and scrutiny regarding the extent of this use, it is difficult to see how the key human rights principle of foreseeability can protect citizens from the risk of arbitrariness.
Business and Human Rights (BHR) scholarship has long recognized the exercise of corporate power as resembling functional sovereignty, advocating for the extension of the rule of law to private actors, establishing accountability regimes, and providing remedies for victims. With the proliferation of binding BHR instruments, such as human rights due diligence legislation, the BHR project finds itself at a critical juncture, where calls for hard obligations are no longer sufficient. Our article, and the broader Symposium, seek to push the boundaries of the discourse by interrogating the legal foundations of private power. Drawing from Law and Political Economy scholarship, we challenge the prevailing notion of ‘governance gaps’ that often frames BHR debates. Rather, we argue that the legal infrastructure itself enables and facilitates the forms of exploitation and structural inequality embedded in the global political economy, leading to predictable patterns of human rights violations. By uncovering the institutional foundations of private power, we also show how efforts to leverage mechanisms of private governance, including human rights due diligence, risk naturalizing corporate power and limiting institutional imagination. However, a critique only focused on institutional design does not sufficiently account for the hardwiring of social relations of global production and the systemic constraints these impose on projects of legal reform. Acknowledging these limitations, we outline two modes of critique: an ‘internal’ critique, which seeks to reimagine institutional frameworks, and an ‘immanent’ critique, which emphasizes the role of collective action and social movements in transforming the underlying social relations of production.
As societies grapple with mitigating or adapting to climate change, law plays a prominent role in the social relations that constitute a response. In this essay, we briefly review of the many different perspectives on law and climate change offered by the authors in this special issue of Law and Society Review. From transnational human rights activism to constitutional litigation to local practices and all around the globe, both the powerful and the marginalized draw on legal institutions and actors in multiple arenas and at multiple scales to address the consequences of climate change. Together, these articles show that law is not confined to courtrooms or judicial systems or regulations; rather, law offers both limitations and opportunities in the ongoing struggle over climate change.
This chapter explores the synergies, limitations, and challenges of addressing statelessness through human rights and development approaches, using the Hill Country Tamils of Sri Lanka as a case study. In addressing the legacy of statelessness, both the human rights and development frameworks must be drawn on and used simultaneously. However, a frameworks approach alone falls short in addressing statelessness, given the political, economic and societal factors that perpetuate discrimination. Instead, as the case of the Hill Country Tamils demonstrates, both human rights and development approaches must be underpinned by a deeper commitment to pursuing equality and combatting discrimination at large. Despite claims of success, the legacy of statelessness in Sri Lanka still lingers. The Hill Country Tamils are still among the ‘furthest behind’ in Sri Lanka and continue to experience severe discrimination well after securing formal citizenship. The community’s prolonged statelessness has led to long-term deterioration in human rights conditions, such that a grant of formal citizenship alone is inadequate to address structural drivers of disadvantage that the community continues to endure.
The classification of natural spaces and cultural practices as ‘heritage’ profoundly alters their form and function. Individuals and communities responsible for maintaining the space or practice are often subjected to the dictates of governments, non-governmental institutions and tourists’ tastes, whilst the symbols of heritage themselves are projected as emblematic of how the state wishes itself to be perceived. The condition of statelessness magnifies the vulnerability of communities to these processes of heritagization, with the state co-opting cultural attributes into icons of heritage without any prospect of redress and exacerbating the invisibility and relative lack of agency that characterize many stateless communities. This chapter explores these issues in the context of mobile maritime communities that are stateless or at risk of statelessness in Southeast Asia. It demonstrates how states such as Malaysia, Thailand and Myanmar have introduced restrictions on everyday livelihood practices through the imposition of marine protected areas and transformed other aspects of these communities’ lives, such as their houseboats, into objects of touristic consumption under the aegis of natural, cultural and intangible ‘heritage’ that serve to benefit the state yet further degrade the human rights of individuals in the affected communities.
The European Union adopted region-wide binding legal norms and a multifaceted legal approach to human trafficking. This chapter explains that the EU has competence (legal authority or jurisdiction) over human trafficking because trafficking is seen as a crime that moves across borders. By contrast, the EU needs another source of competence to tackle forced labour in supply chains. These different sources of competence over different drivers of unfree labour resulted in a proliferation of gendered governance strategies. Pushed by the Council of Europe’s Convention on Action against Trafficking in Human Beings, the EU incorporated the rights of trafficking victims. The chapter illustrates how victim’s rights were subsumed under the EU’s primary goal of hardening Member States’ borders against undesirable outsiders, exemplified by migrant sex workers. The EU also promoted a corporate sustainability due-diligence directive and a product ban targeting unfree labour in supply chains, thereby extending EU values beyond Member States’ borders.
Russia's war against Ukraine has had devastating human consequences and destabilizing geopolitical effects. This roundtable takes up three critical debates in connection with the conflict: Ukraine's potential accession to the European Union; the role of Ukrainian nationalism in advancing democratization; and the degree of human rights accountability, not just for Russia, but also for Ukraine. In addition to challenging conventional wisdom on each of these issues, the contributors to this roundtable make a second, critically important intervention. Each essay explores the problem of concealed political and normative commitments within much of the research on Russia's war against Ukraine by unearthing biases intrinsic to particular conceptualizations. The collection also questions the perceived separation between “interests” and “values” that permeates policy analysis. This roundtable further draws attention to the ethical problems that scholars and policymakers bring to policy debates through the occlusion of their preexisting political commitments. It argues for greater transparency around and awareness of the ways in which values, not just evidence, inform research findings and policy positions.
The ECtHR’s landmark judgment in the case Verein KlimaSeniorinnen Schweiz and Others v. Switzerland contains novel findings on procedural and substantive aspects of human rights protection in the climate change context. To reconcile effective protection of Convention rights with the exclusion of actiones populares, the Court set a high threshold for the individual applicants’ victim status while applying mostly formal criteria to the locus standi of the applicant association. On this count, only the association’s application was admissible. On the merits, the Court found violations of Articles 8 and 6(1) ECHR because Switzerland failed to comply with its positive obligation to protect individuals from the adverse effects of climate change and its courts did not engage seriously with the applicant association’s action. This case note takes a closer look at the ECtHR’s interpretation of standing for individuals and associations and discusses its (non-)alignment with previous case law. In particular, it reflects on the Court’s implicit understanding of the concept of victim in KlimaSeniorinnen and explores whether allowing representative standing is justified based on the Court’s existing case law. The case note concludes with an outlook on the enforcement of collective human rights issues through associations.
Our article offers an in-depth account of the role of the transnational practices of collaboration, storytelling, and learning in the diffusion of rights-based climate litigation (RBCL). Drawing on semi-structured interviews, participant observation, and quantitative data, we trace how the performance of these practices by lawyers, litigants, communities, scholars, and NGOs have fostered and sustained the transnational generation, exchange, and flow of resources, relationships, narratives, and knowledge underlying the field of RBCL. We argue that all three practices have fostered the diffusion of RBCL by influencing the local determinants of legal mobilization through enabling, discursive, and relational pathways. Finally, we show that these practices have had structural effects that have shaped the ideas and identities of the practitioners in the field of RBCL. Over time, the discursive and relational dimensions of practices have given rise to and have been strengthened by the formation of multiple communities of practice. The emergence of distinct communities provides the possibility for deeper forms of socialization and acculturation among their members, but they also make conflict and competition between different communities more likely. Overall, our article emphasizes the importance of understanding legal mobilization for climate justice as a set of practices that are shaped by the transnational social-legal context in which they are performed.
What factors explain compliance with monetary damages awarded by the Inter-American Court of Human Rights (IACtHR)? States comply with the payment of monetary damages at higher rates than other forms of reparation. However, the higher compliance rate belies the significant variation in time to compliance with the payment of monetary awards. We identify three case-level characteristics that explain this variation: size of awards, number of victims, and victim identity. We test our hypotheses utilizing original datasets on compliance with monetary damages and case characteristics in IACtHR judgments through 2019, and find support for all three factors on time to compliance.
This chapter examines how the Council of Europe sought to promote the rule of law in Russia after the collapse of the Soviet Union. Soviet president Mikhail Gorbachev’s ambition to construct a “common European home,” to be pursued in concert with European states and international organizations, was advanced by Russian president Boris Yeltsin and, at least initially, by his successor as president, Vladimir Putin. But after roughly a decade of concrete reforms, that effort foundered, reversed, and then collapsed. Russia descended again into authoritarianism and, shortly after its full-scale invasion of Ukraine, Russia was expelled from the Council of Europe. Thus, this story now has a beginning, a middle, and an end. This chapter explores that story and how the dynamics of Russia’s pursuit and rocky course of membership in the Council of Europe affected both the Russian state and the international organization that sought to admit it to membership.
International organizations have issued recommendations and prescriptions on constitution-making and reform, especially since 1989. However, such constitution-shaping activities by European and universal organizations, notably the UN, have for the most part not led to a better operation of the rule of law on the ground. Besides these problems of effectiveness, normative concerns against constitutional assistance and advice by international organizations have been raised. It is suggested that, in order to become more legitimate (which might then also improve effectiveness), constitution-shaping by international organizations needs to absorb postcolonial concerns. This includes respect for local rule-of-law cultures flowing from non-European constitutional thought and the inclusion of a much deeper social agenda with a global ambition. Thus revamped, international organizations’ constitution-shaping role could be reinvigorated so as to sustain the rule of law on the domestic level, thereby contributing to transnational ordering and global constitutionalism.
Social justice, human rights, and equality are norms based on the Holy Qur’an’s perspective. They are profoundly rooted in Islam’s teachings and promote the construction of a strong, interdependent, and healthy community. It emphasizes practicing them not only on Muslims but on every human being regardless of their religion or beliefs. The superiority of any individual is defined strictly on their piety and righteousness and not on skin color, race, biological sex, nationality, or social position. Allah has required justice to be an essential part of the behavior of every Muslim covering all aspects of life as well as all people.
This chapter challenges the idea that the classical Roman jurists were “pioneers of human rights.” The jurists had no doubts about the legitimacy of the hunt for human prey in war. Quite the contrary: they thought of the capture and enslavement of enemies as a paradigm of just acquisition. It is crucial that we come to terms with this ancient belief system: We must recognize that the classical jurists did not see any need for justification for slavery beyond the fact of victory in battle or in the sack of cities. The use of theories like Aristotelean natural slavery or the teaching that slavery arose out of the consent of the victim date only to the early modern period. The chapter closes by discussing how the jurists used the model of the hunt for human and animal prey as the basis for analogical reasoning.