Pub Date : 2023-07-20DOI: 10.1080/18918131.2023.2229155
M. Stuhldreier
{"title":"The Gewirthian Needs-Based Hierarchy: A Concept for Prioritising Conflicting Norms in International Law","authors":"M. Stuhldreier","doi":"10.1080/18918131.2023.2229155","DOIUrl":"https://doi.org/10.1080/18918131.2023.2229155","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"19 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89558944","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 : 2023-07-19DOI: 10.1080/18918131.2023.2225973
E. Fornalé
{"title":"Vulnerability, Intertemporality, and Climate Litigation","authors":"E. Fornalé","doi":"10.1080/18918131.2023.2225973","DOIUrl":"https://doi.org/10.1080/18918131.2023.2225973","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"47 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87836273","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 : 2023-07-14DOI: 10.1080/18918131.2023.2224668
Gentian Zyberi
{"title":"Reframing Human Rights in a Turbulent Era","authors":"Gentian Zyberi","doi":"10.1080/18918131.2023.2224668","DOIUrl":"https://doi.org/10.1080/18918131.2023.2224668","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"90 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79405998","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 : 2023-07-03DOI: 10.1080/18918131.2023.2253695
E. Faingold
The handbook of linguistic human rights, edited by Tove Skutnabb-Kangas and Robert Phillipson, two eminent language rights scholars, presents a variety of approaches, issues, policies, and case studies in countries from around the world related to the study of what the editors and most of the authors in this volume call ‘linguistic human rights.’ This concept intails, for example, that children, indigenous and immigrant alike, have the inalienable right to learn their parents’ or ancestor’s languages in elementary school. Notably, proponents of linguistic human rights often advocate for the use of intensive language immersion programs to teach languages to children as this method is widely believed by experts in language education to offer the best learning environment to achieve fluency and keep the language alive, especially for indigenous children. Often, immersion means the creation of ‘language nests,’ where children and language beginners learn from proficient speakers, usually tribal elders. Initially, language nests were established in New Zealand by Māori elders who wished to teach children their native language. This model was subsequently adopted in Hawaii and by other indigenous groups throughout the world, including the Cherokee in Oklahoma. The Handbook of Linguistic Human Rights discusses approaches to language rights (e.g., in international law, political theory, economic policy, (de)coloniality, educational policy, etc.) and presents numerous case studies in countries from around the world where language rights are implemented or violated by scholars, jurists, activists, officers and staff at national and indigenous parliaments, governments and international organizations. Both editors, as well as many of the authors in this book, appear to subscribe to the notion that the language rights of linguistic minorities (both local and immigrant) are broad, absolute, and inalienable (hence the use of the qualifier ‘human’ before ‘rights’). Thus, for example, they often uphold the right of allminority children to learn their parents’ and ancestors’ language(s) in elementary school through some sort of mother tongue medium of instruction program. Yet, although this is a worthwhile goal, it remains an aspirational one, mainly because of the logistical and pedagogical problems involved in teaching dozens of languages in schools attended by large and diverse populations of immigrant children, for example, in the Oslo schools where more than 120 languages are spoken; in the Gothenburg schools where 75 languages could be traced among primary school children; or in the schools of the Faroe Islands where there are about 300 immigrant children from some 50 different countries. This, of course, should not be used as an excuse for not providing any bilingual education programs in the schools, especially as regards widely spoken immigrant languages such as Arabic, Turkish, Urdu, Polish, etc., which are spoken by tens (if not hundreds) of thousands o
{"title":"The handbook of linguistic human rights","authors":"E. Faingold","doi":"10.1080/18918131.2023.2253695","DOIUrl":"https://doi.org/10.1080/18918131.2023.2253695","url":null,"abstract":"The handbook of linguistic human rights, edited by Tove Skutnabb-Kangas and Robert Phillipson, two eminent language rights scholars, presents a variety of approaches, issues, policies, and case studies in countries from around the world related to the study of what the editors and most of the authors in this volume call ‘linguistic human rights.’ This concept intails, for example, that children, indigenous and immigrant alike, have the inalienable right to learn their parents’ or ancestor’s languages in elementary school. Notably, proponents of linguistic human rights often advocate for the use of intensive language immersion programs to teach languages to children as this method is widely believed by experts in language education to offer the best learning environment to achieve fluency and keep the language alive, especially for indigenous children. Often, immersion means the creation of ‘language nests,’ where children and language beginners learn from proficient speakers, usually tribal elders. Initially, language nests were established in New Zealand by Māori elders who wished to teach children their native language. This model was subsequently adopted in Hawaii and by other indigenous groups throughout the world, including the Cherokee in Oklahoma. The Handbook of Linguistic Human Rights discusses approaches to language rights (e.g., in international law, political theory, economic policy, (de)coloniality, educational policy, etc.) and presents numerous case studies in countries from around the world where language rights are implemented or violated by scholars, jurists, activists, officers and staff at national and indigenous parliaments, governments and international organizations. Both editors, as well as many of the authors in this book, appear to subscribe to the notion that the language rights of linguistic minorities (both local and immigrant) are broad, absolute, and inalienable (hence the use of the qualifier ‘human’ before ‘rights’). Thus, for example, they often uphold the right of allminority children to learn their parents’ and ancestors’ language(s) in elementary school through some sort of mother tongue medium of instruction program. Yet, although this is a worthwhile goal, it remains an aspirational one, mainly because of the logistical and pedagogical problems involved in teaching dozens of languages in schools attended by large and diverse populations of immigrant children, for example, in the Oslo schools where more than 120 languages are spoken; in the Gothenburg schools where 75 languages could be traced among primary school children; or in the schools of the Faroe Islands where there are about 300 immigrant children from some 50 different countries. This, of course, should not be used as an excuse for not providing any bilingual education programs in the schools, especially as regards widely spoken immigrant languages such as Arabic, Turkish, Urdu, Polish, etc., which are spoken by tens (if not hundreds) of thousands o","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"2015 1","pages":"353 - 355"},"PeriodicalIF":0.4,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139363670","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 : 2023-07-03DOI: 10.1080/18918131.2023.2250629
Benedikt Lennartz
ABSTRACT Scholars of global governance have long attended to the role of non-state actors in formulating and interpreting regulatory instruments, analysing these actors’ engagement with processes, their influence, and their preferences in terms of the content and, to a limited degree, form of regulation. Among the non-state actors involved in governance settings, business actors are an interesting subject given the resources at their disposal to exert material, structural, and ideational power and due to the global nature of large corporations. They are especially relevant in human rights regulation, as the global nature of business activity through supply chains, subsidiaries, and finance is contrasted with a state-centred human rights regime. Several regulatory instruments have been passed in this space, both nationally and internationally, and regulatory initiatives are increasingly common. This article focuses on business actors’ potential interest in the form of regulation, how different forms of regulation may affect different business actors, and how the interest of business actors can be traced back to notions of public and private.
{"title":"Business Actors’ Interest in Harder and Softer Regulation of Human Rights Due Diligence","authors":"Benedikt Lennartz","doi":"10.1080/18918131.2023.2250629","DOIUrl":"https://doi.org/10.1080/18918131.2023.2250629","url":null,"abstract":"ABSTRACT Scholars of global governance have long attended to the role of non-state actors in formulating and interpreting regulatory instruments, analysing these actors’ engagement with processes, their influence, and their preferences in terms of the content and, to a limited degree, form of regulation. Among the non-state actors involved in governance settings, business actors are an interesting subject given the resources at their disposal to exert material, structural, and ideational power and due to the global nature of large corporations. They are especially relevant in human rights regulation, as the global nature of business activity through supply chains, subsidiaries, and finance is contrasted with a state-centred human rights regime. Several regulatory instruments have been passed in this space, both nationally and internationally, and regulatory initiatives are increasingly common. This article focuses on business actors’ potential interest in the form of regulation, how different forms of regulation may affect different business actors, and how the interest of business actors can be traced back to notions of public and private.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"71 1","pages":"326 - 344"},"PeriodicalIF":0.4,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91057654","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 : 2023-07-03DOI: 10.1080/18918131.2023.2252982
Yasin Huber
{"title":"Marketing Global Justice: The Political Economy of International Criminal Law","authors":"Yasin Huber","doi":"10.1080/18918131.2023.2252982","DOIUrl":"https://doi.org/10.1080/18918131.2023.2252982","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"31 1","pages":"350 - 352"},"PeriodicalIF":0.4,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139364037","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 : 2023-07-03DOI: 10.1080/18918131.2023.2223055
K. Sandvik
{"title":"Cultural Heritage and Legal Mobilisation After Terror: July 22 and the Battle for Y","authors":"K. Sandvik","doi":"10.1080/18918131.2023.2223055","DOIUrl":"https://doi.org/10.1080/18918131.2023.2223055","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"13 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84805536","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 : 2023-07-03DOI: 10.1080/18918131.2023.2254969
Janne Mende
ABSTRACT This framing paper to the special issue deals with one of the key human rights challenges today: the effective regulation of business in a globalized economy and the expansion of the roles corporate actors play beyond the private realm. It discusses three ideal-typical approaches to the public-private divide that characterizes the human rights responsibilities of corporations. First, the dichotomy approach is based on a classic dichotomous view, emphasizing the essential differences between public human rights duties and private actors’ responsibilities. Second, the blurring approach challenges this dichotomy by blurring or erasing the boundaries between public and private. The third approach, which is called the mediation approach and is elaborated in this framing paper, responds to the strengths and weaknesses of the dichotomy and the blurring approaches. It, too, challenges the public-private dichotomy, but does so by taking into consideration the mutual constitution of the two categories. At the same time it keeps them distinct rather than blending them together. This approach acknowledges the added value of conceptually, empirically, and normatively distinguishing between public and private, while taking the limitations of a dichotomous view into account. It thus provides new avenues for rethinking corporate responsibilities for human rights within and beyond the public-private divide.
{"title":"Corporate Human Rights Responsibilities: Rethinking the Public-Private Divide","authors":"Janne Mende","doi":"10.1080/18918131.2023.2254969","DOIUrl":"https://doi.org/10.1080/18918131.2023.2254969","url":null,"abstract":"ABSTRACT This framing paper to the special issue deals with one of the key human rights challenges today: the effective regulation of business in a globalized economy and the expansion of the roles corporate actors play beyond the private realm. It discusses three ideal-typical approaches to the public-private divide that characterizes the human rights responsibilities of corporations. First, the dichotomy approach is based on a classic dichotomous view, emphasizing the essential differences between public human rights duties and private actors’ responsibilities. Second, the blurring approach challenges this dichotomy by blurring or erasing the boundaries between public and private. The third approach, which is called the mediation approach and is elaborated in this framing paper, responds to the strengths and weaknesses of the dichotomy and the blurring approaches. It, too, challenges the public-private dichotomy, but does so by taking into consideration the mutual constitution of the two categories. At the same time it keeps them distinct rather than blending them together. This approach acknowledges the added value of conceptually, empirically, and normatively distinguishing between public and private, while taking the limitations of a dichotomous view into account. It thus provides new avenues for rethinking corporate responsibilities for human rights within and beyond the public-private divide.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"34 1","pages":"255 - 264"},"PeriodicalIF":0.4,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139363708","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 : 2023-07-03DOI: 10.1080/18918131.2023.2250635
Pedro Alarcón
Extractivism is a development model grounded in natural resource extraction (fossil fuels, metals, ores and minerals, and agricultural products) for commodification as raw material in the world market without significant value added. Its endurance in many Global Southern countries is the first factor that makes Marcela Torres Wong’s and Roger Merino’s books so topical. Moreover, the ongoing energy transition away from fossil fuels, sometimes touted as humanity’s big step towards sustainability, is far from severing natural resource extractivism. On the contrary, the current global scenario of ‘green’ capitalism is triggering “reloaded” extractivism understood as boosted fossil fuel extractivism in flat contradiction of the Paris Agreement and enhanced mineral extractivism sparked by the demand for technologies necessary for harnessing renewable energy sources. The traditional position of the Global South in the international division of nature, i.e. the provision of raw material and energy resources for the world economy, and its implications for the domestic social formation has been widely approached in academic literature. Yet, the second and perhaps the most important factor that makes Torres Wong’s and Merino’s work so relevant for scholars, who aim at engaging with the broad field of contemporary area studies from manyfold academic perspectives, is that precisely in Latin America, natural resource extraction often takes place in fragile ecosystems and culturally sensitive territories. Notably, more than half of the world’s conflicts over extractivist activities take place in Latin America. Both books delve into the latter; a common argument is straightforward: the extractivist development path and indigenous peoples rights are closely intertwined. More precisely, socio-environmental conflicts over natural resource extraction in indigenous territories unveil shortcomings and opportunities for the implementation of indigenous rights at the national level, and also reveal indigenous peoples’ different (post-)developmental goals entailed in particular visions of what should be understood as a ‘national project’.
{"title":"The Extractivist Development Model, Socio-Environmental Conflicts, and Indigenous Rights in Latin America","authors":"Pedro Alarcón","doi":"10.1080/18918131.2023.2250635","DOIUrl":"https://doi.org/10.1080/18918131.2023.2250635","url":null,"abstract":"Extractivism is a development model grounded in natural resource extraction (fossil fuels, metals, ores and minerals, and agricultural products) for commodification as raw material in the world market without significant value added. Its endurance in many Global Southern countries is the first factor that makes Marcela Torres Wong’s and Roger Merino’s books so topical. Moreover, the ongoing energy transition away from fossil fuels, sometimes touted as humanity’s big step towards sustainability, is far from severing natural resource extractivism. On the contrary, the current global scenario of ‘green’ capitalism is triggering “reloaded” extractivism understood as boosted fossil fuel extractivism in flat contradiction of the Paris Agreement and enhanced mineral extractivism sparked by the demand for technologies necessary for harnessing renewable energy sources. The traditional position of the Global South in the international division of nature, i.e. the provision of raw material and energy resources for the world economy, and its implications for the domestic social formation has been widely approached in academic literature. Yet, the second and perhaps the most important factor that makes Torres Wong’s and Merino’s work so relevant for scholars, who aim at engaging with the broad field of contemporary area studies from manyfold academic perspectives, is that precisely in Latin America, natural resource extraction often takes place in fragile ecosystems and culturally sensitive territories. Notably, more than half of the world’s conflicts over extractivist activities take place in Latin America. Both books delve into the latter; a common argument is straightforward: the extractivist development path and indigenous peoples rights are closely intertwined. More precisely, socio-environmental conflicts over natural resource extraction in indigenous territories unveil shortcomings and opportunities for the implementation of indigenous rights at the national level, and also reveal indigenous peoples’ different (post-)developmental goals entailed in particular visions of what should be understood as a ‘national project’.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"9 1","pages":"345 - 349"},"PeriodicalIF":0.4,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85363334","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 : 2023-05-24DOI: 10.1080/18918131.2023.2210443
K. Huhta
{"title":"Conceptualising Energy Justice in the Context of Human Rights Law","authors":"K. Huhta","doi":"10.1080/18918131.2023.2210443","DOIUrl":"https://doi.org/10.1080/18918131.2023.2210443","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"108 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74750989","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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