Pub Date : 2023-02-15DOI: 10.1163/15718158-24010002
Huan T. Vo
This article analyses the case of Vietnam’s ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1987 from 2013 to 2014. It aims to provide empirical evidence to inform current debates regarding the roles of external and internal dynamics, as well as relevant pressures and threats, in shaping state behaviour toward international civil and political rights treaties. Through this case study, it is argued that external dynamics played an essential role in influencing the socialist state’s ultimate ratification behaviour. In the context of globalisation, international political dynamics are determinant conditions for shaping the socialist state’s signing and ratifying activities toward this convention. In the case of Vietnam, the decision to accede to international human rights treaties should be considered the most appropriate response to the mounting political pressure from the international community.
{"title":"The Role of External Dynamics on Vietnam’s Ratification of the Convention Against Torture","authors":"Huan T. Vo","doi":"10.1163/15718158-24010002","DOIUrl":"https://doi.org/10.1163/15718158-24010002","url":null,"abstract":"\u0000This article analyses the case of Vietnam’s ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1987 from 2013 to 2014. It aims to provide empirical evidence to inform current debates regarding the roles of external and internal dynamics, as well as relevant pressures and threats, in shaping state behaviour toward international civil and political rights treaties. Through this case study, it is argued that external dynamics played an essential role in influencing the socialist state’s ultimate ratification behaviour. In the context of globalisation, international political dynamics are determinant conditions for shaping the socialist state’s signing and ratifying activities toward this convention. In the case of Vietnam, the decision to accede to international human rights treaties should be considered the most appropriate response to the mounting political pressure from the international community.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44039775","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-15DOI: 10.1163/15718158-24010001
Yogi Paramitha Dewi
Women with disabilities have experienced double marginalisation. As women, they remain marginalised by patriarchal culture and religious conservatism, and as persons with disabilities, their participation in social, political, economic, and cultural life has been constrained by the state and society’s barriers. Even though Indonesia has ratified the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Rights of Persons with Disabilities, the marginalisation of women with disabilities remains an important issue. In this context, by applying a qualitative method, this article addresses the question of how women with disabilities mobilise existing legal and institutional resources to pursue empowerment. It finds that in the process of legal mobilisation, they employ three different strategies: advocacy from above, advocacy from within, and advocacy from below, through which a better condition has been achieved but the challenges for further empowerment remain in place.
{"title":"Legal Mobilisation by Women with Disabilities in Indonesia","authors":"Yogi Paramitha Dewi","doi":"10.1163/15718158-24010001","DOIUrl":"https://doi.org/10.1163/15718158-24010001","url":null,"abstract":"\u0000Women with disabilities have experienced double marginalisation. As women, they remain marginalised by patriarchal culture and religious conservatism, and as persons with disabilities, their participation in social, political, economic, and cultural life has been constrained by the state and society’s barriers. Even though Indonesia has ratified the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Rights of Persons with Disabilities, the marginalisation of women with disabilities remains an important issue. In this context, by applying a qualitative method, this article addresses the question of how women with disabilities mobilise existing legal and institutional resources to pursue empowerment. It finds that in the process of legal mobilisation, they employ three different strategies: advocacy from above, advocacy from within, and advocacy from below, through which a better condition has been achieved but the challenges for further empowerment remain in place.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41593520","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-15DOI: 10.1163/15718158-24010000
{"title":"Front matter","authors":"","doi":"10.1163/15718158-24010000","DOIUrl":"https://doi.org/10.1163/15718158-24010000","url":null,"abstract":"","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135683184","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-15DOI: 10.1163/15718158-24010003
Chih-Chieh Yang
Every country is concerned about disinformation on the internet, especially its impact on domestic elections and domestic politics. Among them, there are concerns that mainland China will meddle in Taiwan’s elections with disinformation. In December 2018, Taiwan’s government launched a policy to combat disinformation, including proposing legal amendments. However, the laws that the Taiwanese government use to investigate and prosecute individuals are not newly revised laws, but an existing Social Order Maintenance Act. In addition, at the end of 2019, the ‘Anti-Infiltration Act’ was suddenly proposed and passed. Both laws (Taiwan’s main tools in the fight against fake news) raise questions as to potential violations of the freedom of speech, the discussion of which remains heavily influenced by the laws and jurisprudence of the United States (US). However, Taiwan’s judiciary and legislature have misunderstood the law in the US or have made amendments, resulting in divergent developmental trajectories.
{"title":"Fighting Against Disinformation from Foreign Forces? Or Suppressing Criticism from Domestic Opposition Parties?","authors":"Chih-Chieh Yang","doi":"10.1163/15718158-24010003","DOIUrl":"https://doi.org/10.1163/15718158-24010003","url":null,"abstract":"\u0000Every country is concerned about disinformation on the internet, especially its impact on domestic elections and domestic politics. Among them, there are concerns that mainland China will meddle in Taiwan’s elections with disinformation. In December 2018, Taiwan’s government launched a policy to combat disinformation, including proposing legal amendments. However, the laws that the Taiwanese government use to investigate and prosecute individuals are not newly revised laws, but an existing Social Order Maintenance Act. In addition, at the end of 2019, the ‘Anti-Infiltration Act’ was suddenly proposed and passed. Both laws (Taiwan’s main tools in the fight against fake news) raise questions as to potential violations of the freedom of speech, the discussion of which remains heavily influenced by the laws and jurisprudence of the United States (US). However, Taiwan’s judiciary and legislature have misunderstood the law in the US or have made amendments, resulting in divergent developmental trajectories.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47313825","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-15DOI: 10.1163/15718158-24010004
Inigo Kwan-Parsons
Investment treaties and investor-state dispute settlement (isds) have significantly affected indigenous rights, and led to legal developments regarding both the substantive rights in investments treaties (such as the inclusion of ‘carve out clauses’ intended to preserve the rights of indigenous peoples from foreign investors), and how tribunals deal with indigenous rights when adjudicating disputes. This article examines developments in this niche jurisprudence and discusses the implications thereof. It firstly considers the various rights of indigenous peoples seen to be at play in an international law context, and the various legal instruments in which some of those rights are reflected and derived from. Secondly, the article examines a selection of relevant investment treaties which have provisions affecting the rights of indigenous peoples that have been considered by tribunals. More recent investment treaties that have developed provisions which affect indigenous rights are also considered. Thirdly, this article examines how indigenous rights have been applied by tribunals in isds. Fourthly, it explores how indigenous rights may be further applied in isds and considers the practical application thereof. In doing so, it is argued that the development of isds jurisprudence in cases concerning indigenous rights, indicates an openness to considering, incorporating, and applying indigenous rights in isds.
{"title":"Investor-State Arbitration and Indigenous Rights","authors":"Inigo Kwan-Parsons","doi":"10.1163/15718158-24010004","DOIUrl":"https://doi.org/10.1163/15718158-24010004","url":null,"abstract":"\u0000Investment treaties and investor-state dispute settlement (isds) have significantly affected indigenous rights, and led to legal developments regarding both the substantive rights in investments treaties (such as the inclusion of ‘carve out clauses’ intended to preserve the rights of indigenous peoples from foreign investors), and how tribunals deal with indigenous rights when adjudicating disputes. This article examines developments in this niche jurisprudence and discusses the implications thereof. It firstly considers the various rights of indigenous peoples seen to be at play in an international law context, and the various legal instruments in which some of those rights are reflected and derived from. Secondly, the article examines a selection of relevant investment treaties which have provisions affecting the rights of indigenous peoples that have been considered by tribunals. More recent investment treaties that have developed provisions which affect indigenous rights are also considered. Thirdly, this article examines how indigenous rights have been applied by tribunals in isds. Fourthly, it explores how indigenous rights may be further applied in isds and considers the practical application thereof. In doing so, it is argued that the development of isds jurisprudence in cases concerning indigenous rights, indicates an openness to considering, incorporating, and applying indigenous rights in isds.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47798366","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-16DOI: 10.1163/15718158-23030003
Hafidz Hakimi Haron, F. S. Shuaib
After the 2018 General Election, the incoming coalition made numerous institutional reform pledges, including the establishment of a Malaysian media council to self-govern the press. Nevertheless, the concept is not new as it was initially proposed in 1973. Following stakeholders’ discussions over the past few years, it was decided that a self-regulatory media council should be formed. This is a critical step towards restoring the country’s long-suffering press freedom that had been stifled by press regulations. Hence, it is necessary to study the self-regulatory paradigm as Malaysia is moving towards the formation of a self-regulatory media council to govern its press. The United Kingdom’s vast experience with media self-regulation may help Malaysian policymakers decide whether to adopt a self-regulatory approach to governance or not. The authors in this study used textual analysis of legislation and case law and secondary data from existing works to examine the proposal of establishing a self-regulatory Malaysian media council.
{"title":"The Malaysian Media Council: Will Self-Regulation Work?","authors":"Hafidz Hakimi Haron, F. S. Shuaib","doi":"10.1163/15718158-23030003","DOIUrl":"https://doi.org/10.1163/15718158-23030003","url":null,"abstract":"\u0000 After the 2018 General Election, the incoming coalition made numerous institutional reform pledges, including the establishment of a Malaysian media council to self-govern the press. Nevertheless, the concept is not new as it was initially proposed in 1973. Following stakeholders’ discussions over the past few years, it was decided that a self-regulatory media council should be formed. This is a critical step towards restoring the country’s long-suffering press freedom that had been stifled by press regulations. Hence, it is necessary to study the self-regulatory paradigm as Malaysia is moving towards the formation of a self-regulatory media council to govern its press. The United Kingdom’s vast experience with media self-regulation may help Malaysian policymakers decide whether to adopt a self-regulatory approach to governance or not. The authors in this study used textual analysis of legislation and case law and secondary data from existing works to examine the proposal of establishing a self-regulatory Malaysian media council.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48282712","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-16DOI: 10.1163/15718158-23030004
Yanhong Yin
Regarding the construction of the surrender agreements between Mainland China, Hong Kong and Macau, there has been ongoing consideration and debate on the basic principles and rules. Human rights protection in the surrender of fugitive offenders between Mainland China, Hong Kong and Macau is as important as that in traditional extraditions. But the rights need to be protected in a sophisticated, interactive, and constructive way under the ‘one country, two systems’ regime. This article compares the extradition and surrender systems, concluding that Mainland China, Hong Kong and Macau should take human rights protection into serious consideration, while complying with the obligation to protect the common interest of the whole country and to promote human rights development in China. The combined obligations require that the requested region play a more responsible, involved and proactive role in surrender-related human rights issues. The European Arrest Warrant experience can offer some inspiration for this. But more tailored measures should be developed in the legal context of Mainland China, Hong Kong and Macau. The article identifies several specific human rights that should be protected in the surrender procedure. Some traditional extradition principles as well as human rights provisions have already been used to protect these rights. Human rights protections are contained in Chinese legislation, but more attention should be paid to law enforcement procedures in relation to the surrender of fugitive offenders. This article suggests that evaluation, assurance, monitoring, and reporting mechanisms should be applied, and the main role should be delegated to judicial authorities under the principle of mutual trust. This article also suggests that the procedural rights of the requested individuals in the requested region should be protected.
{"title":"Human Rights Protection in the Surrender of Fugitive Offenders between Mainland China, Hong Kong and Macau","authors":"Yanhong Yin","doi":"10.1163/15718158-23030004","DOIUrl":"https://doi.org/10.1163/15718158-23030004","url":null,"abstract":"\u0000 Regarding the construction of the surrender agreements between Mainland China, Hong Kong and Macau, there has been ongoing consideration and debate on the basic principles and rules. Human rights protection in the surrender of fugitive offenders between Mainland China, Hong Kong and Macau is as important as that in traditional extraditions. But the rights need to be protected in a sophisticated, interactive, and constructive way under the ‘one country, two systems’ regime. This article compares the extradition and surrender systems, concluding that Mainland China, Hong Kong and Macau should take human rights protection into serious consideration, while complying with the obligation to protect the common interest of the whole country and to promote human rights development in China. The combined obligations require that the requested region play a more responsible, involved and proactive role in surrender-related human rights issues. The European Arrest Warrant experience can offer some inspiration for this. But more tailored measures should be developed in the legal context of Mainland China, Hong Kong and Macau. The article identifies several specific human rights that should be protected in the surrender procedure. Some traditional extradition principles as well as human rights provisions have already been used to protect these rights. Human rights protections are contained in Chinese legislation, but more attention should be paid to law enforcement procedures in relation to the surrender of fugitive offenders. This article suggests that evaluation, assurance, monitoring, and reporting mechanisms should be applied, and the main role should be delegated to judicial authorities under the principle of mutual trust. This article also suggests that the procedural rights of the requested individuals in the requested region should be protected.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45424852","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-16DOI: 10.1163/15718158-23030001
N. Yến, Nguyen Toan Thang
Political participation is one of the fundamental human rights widely recognised in core United Nations international human rights treaties. As an active and responsible member of the international community, Vietnam has continuously endeavoured to enforce international commitments and create a legal environment for the equal enjoyment of the political rights of all people, particularly women. However, given the gender characteristics and social stereotypes that have existed for many generations, ethnic minority women and girls are always at a disadvantage within the family and outside society. They face discrimination and compound inequality – both on the grounds of ethnicity and gender – in their living environment. It affects their accessibility, participation and enjoyment of their rights, including the right to participate in politics. This article will study the compatibility between international law and Vietnam’s policies in ensuring the political rights of ethnic minority women. It also identifies barriers to the enjoyment of their right to political power and makes recommendations to improve ethnic women’s position and voice in political life.
{"title":"The Right to Political Participation of Ethnic Minority Women in Vietnam","authors":"N. Yến, Nguyen Toan Thang","doi":"10.1163/15718158-23030001","DOIUrl":"https://doi.org/10.1163/15718158-23030001","url":null,"abstract":"\u0000 Political participation is one of the fundamental human rights widely recognised in core United Nations international human rights treaties. As an active and responsible member of the international community, Vietnam has continuously endeavoured to enforce international commitments and create a legal environment for the equal enjoyment of the political rights of all people, particularly women. However, given the gender characteristics and social stereotypes that have existed for many generations, ethnic minority women and girls are always at a disadvantage within the family and outside society. They face discrimination and compound inequality – both on the grounds of ethnicity and gender – in their living environment. It affects their accessibility, participation and enjoyment of their rights, including the right to participate in politics. This article will study the compatibility between international law and Vietnam’s policies in ensuring the political rights of ethnic minority women. It also identifies barriers to the enjoyment of their right to political power and makes recommendations to improve ethnic women’s position and voice in political life.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43724213","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-16DOI: 10.1163/15718158-23030002
Raihan Rahman Rafid
The covid-19 outbreak has brought forth the existing cracks and crevices in the governance of Bangladesh. At such a time, the National Human Rights Commission of Bangladesh (nhrcb), as the only State institution mandated to protect and promote human rights exclusively and impartially, is tasked with a crucial role to ensure respect for human rights. This article assesses the activities undertaken by the nhrcb during the pandemic and finds that the nhrcb evinced only a limited role in monitoring the violation of rights and provided formulaic recommendations to the government. It did not observe the implementation of their recommendations and has performed rather formalistically. While the country has experienced a deteriorating human rights situation, the nhrcb has failed to flex its muscles when compared to other national human rights institutions in South Asia. This article argues that the national human rights institutions (nhri s) in India, Nepal and Sri Lanka, embedded in a similar context and armed with almost identical mandates, have demonstrated a novel and strenuous effort intending to adapt to and fulfil their functions during the unprecedented crisis. The nhrcb may benefit by learning from these nhri s as well as taking lessons from its own past activities. Previously, it did not eschew politically sensitive issues and earmarked a strong leadership even with limited institutional capacities. The nhrcb has however responded to the changing dynamics and challenges posed by the covid-19 pandemic with silence. It needs to become more vibrant to enhance, regionally and internationally, the country’s image in upholding human rights norms and standards.
{"title":"Human Rights During the Pandemic and the National Human Rights Commission of Bangladesh","authors":"Raihan Rahman Rafid","doi":"10.1163/15718158-23030002","DOIUrl":"https://doi.org/10.1163/15718158-23030002","url":null,"abstract":"\u0000 The covid-19 outbreak has brought forth the existing cracks and crevices in the governance of Bangladesh. At such a time, the National Human Rights Commission of Bangladesh (nhrcb), as the only State institution mandated to protect and promote human rights exclusively and impartially, is tasked with a crucial role to ensure respect for human rights. This article assesses the activities undertaken by the nhrcb during the pandemic and finds that the nhrcb evinced only a limited role in monitoring the violation of rights and provided formulaic recommendations to the government. It did not observe the implementation of their recommendations and has performed rather formalistically. While the country has experienced a deteriorating human rights situation, the nhrcb has failed to flex its muscles when compared to other national human rights institutions in South Asia. This article argues that the national human rights institutions (nhri s) in India, Nepal and Sri Lanka, embedded in a similar context and armed with almost identical mandates, have demonstrated a novel and strenuous effort intending to adapt to and fulfil their functions during the unprecedented crisis. The nhrcb may benefit by learning from these nhri s as well as taking lessons from its own past activities. Previously, it did not eschew politically sensitive issues and earmarked a strong leadership even with limited institutional capacities. The nhrcb has however responded to the changing dynamics and challenges posed by the covid-19 pandemic with silence. It needs to become more vibrant to enhance, regionally and internationally, the country’s image in upholding human rights norms and standards.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43912062","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-08-23DOI: 10.1163/15718158-23020002
A. Almutawa
This article aims to contribute to the academic debate on how to address international climate-induced human displacements and climate change more widely by proposing the inclusion of a new human right in the Universal Declaration of Human Rights (udhr). The new right is called the right to climatic non-interference. It consists of two sub-rights, namely, the right not to be subjected to climatic interference by one’s home state and the right not to be subjected to climatic interference by foreign states. First, the content of the right to climatic non-interference is elaborated. The right to climatic non-interference is then contrasted with other existing or proposed environment-related human rights. This is followed by an explanation of the mechanics, significance, and legal effect of adding the new human right to the udhr. Finally, the incentives for states to implement the right to climatic non-interference are considered.
{"title":"Towards the Human Right to Climatic Non-Interference","authors":"A. Almutawa","doi":"10.1163/15718158-23020002","DOIUrl":"https://doi.org/10.1163/15718158-23020002","url":null,"abstract":"\u0000This article aims to contribute to the academic debate on how to address international climate-induced human displacements and climate change more widely by proposing the inclusion of a new human right in the Universal Declaration of Human Rights (udhr). The new right is called the right to climatic non-interference. It consists of two sub-rights, namely, the right not to be subjected to climatic interference by one’s home state and the right not to be subjected to climatic interference by foreign states. First, the content of the right to climatic non-interference is elaborated. The right to climatic non-interference is then contrasted with other existing or proposed environment-related human rights. This is followed by an explanation of the mechanics, significance, and legal effect of adding the new human right to the udhr. Finally, the incentives for states to implement the right to climatic non-interference are considered.","PeriodicalId":35216,"journal":{"name":"Asia-Pacific Journal on Human Rights and the Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42155127","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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