首页 > 最新文献

Utrecht Law Review最新文献

英文 中文
Regulation of EU Labour Migration: At a Crossroads after the New Pact on Migration and Asylum? 欧盟劳工移民监管:新移民与庇护协议后的十字路口?
IF 0.6 Q2 Social Sciences Pub Date : 2021-01-01 DOI: 10.36633/ulr.749
P. Minderhoud
{"title":"Regulation of EU Labour Migration: At a Crossroads after the New Pact on Migration and Asylum?","authors":"P. Minderhoud","doi":"10.36633/ulr.749","DOIUrl":"https://doi.org/10.36633/ulr.749","url":null,"abstract":"","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69668458","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}
引用次数: 0
The Erosion of Borderless Norden? Practices and Discourses on Nordic Border Restrictions in Finland and Sweden during the Covid-19 Pandemic 无边界诺顿的侵蚀?新冠肺炎大流行期间芬兰和瑞典北欧边境限制的实践与论述
IF 0.6 Q2 Social Sciences Pub Date : 2021-01-01 DOI: 10.36633/ulr.747
Saila Heinikoski, Tatu Hyttinen
Nordic countries are part of the borderless Schengen Area, but free movement in the Nordic countries, or Norden, dates back even further: no border controls or restrictions on workers' movements have existed since the entry into force of the Nordic labour market and passport union in 1958. This article outlines how Finland and its neighbour Sweden, the only Nordic country to keep borders open for Finland in 2020, approached closed borders in Norden during the Covid-19 pandemic, when free movement of Nordic citizens was suspended for the first time in almost 70 years, to be restored only in summer 2021. The article examines the Finnish and Swedish border practices and political debates. Parliamentary discourses are analysed from the perspective of two ideal types of argumentation, namely utilitarian and deontological, arguing that the suspension of free movement leaves long-lasting scars in the trust of both politicians and citizens in interaction across borders.
北欧国家是无边界申根区(Schengen Area)的一部分,但北欧国家的自由流动可以追溯到更早以前:自1958年北欧劳动力市场和护照联盟生效以来,没有对工人流动进行边境控制或限制。本文概述了芬兰及其邻国瑞典(唯一在2020年对芬兰开放边境的北欧国家)在2019冠状病毒病大流行期间如何接近北欧关闭的边境,当时北欧公民的自由流动在近70年来首次暂停,直到2021年夏天才恢复。本文考察了芬兰和瑞典的边境实践和政治辩论。从两种理想的论证类型,即功利主义和义务论的角度分析议会话语,认为自由流动的暂停给政治家和公民在跨境互动中的信任留下了持久的伤疤。
{"title":"The Erosion of Borderless Norden? Practices and Discourses on Nordic Border Restrictions in Finland and Sweden during the Covid-19 Pandemic","authors":"Saila Heinikoski, Tatu Hyttinen","doi":"10.36633/ulr.747","DOIUrl":"https://doi.org/10.36633/ulr.747","url":null,"abstract":"Nordic countries are part of the borderless Schengen Area, but free movement in the Nordic countries, or Norden, dates back even further: no border controls or restrictions on workers' movements have existed since the entry into force of the Nordic labour market and passport union in 1958. This article outlines how Finland and its neighbour Sweden, the only Nordic country to keep borders open for Finland in 2020, approached closed borders in Norden during the Covid-19 pandemic, when free movement of Nordic citizens was suspended for the first time in almost 70 years, to be restored only in summer 2021. The article examines the Finnish and Swedish border practices and political debates. Parliamentary discourses are analysed from the perspective of two ideal types of argumentation, namely utilitarian and deontological, arguing that the suspension of free movement leaves long-lasting scars in the trust of both politicians and citizens in interaction across borders.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69668929","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}
引用次数: 1
UN Peace Operations and the Role of the Local in (Re)Building the Rule of Law 联合国和平行动与地方在(重新)建设法治中的作用
IF 0.6 Q2 Social Sciences Pub Date : 2021-01-01 DOI: 10.36633/ulr.649
Alexander Gilder
UN peace operations undertake a broad array of rule of law activities aiming to rebuild the justice system and end impunity. Rule of law activities in UN peace operations have matured over the last 20 years since the UN experiments with statebuilding in Kosovo and East Timor. Today, rule of law activities can often clearly be seen to advance the broader goal of establishing the host state as the legitimate authority. This paper first discusses the UN’s understanding of the rule of law and why the UN has chosen to underpin its peacebuilding agenda with ending impunity. Second, transitional justice in MINUSCA is discussed including the establishment of the Special Criminal Court. Third, UNMISS is investigated where the UN had an unprecedented challenge of ensuring the rule of law on protection of civilian sites. Lastly, the promise of local justice is assessed. It is suggested that while ending impunity and strengthening formal institutions can be important to ensure human rights violations do not persist, there needs to be an overarching, bottom-up strategy in place to engage and empower local communities, and other civil actors, to be part of the rule of law process.
联合国和平行动开展了一系列广泛的法治活动,旨在重建司法系统并结束有罪不罚现象。自联合国在科索沃和东帝汶进行国家建设试验以来,联合国和平行动中的法治活动在过去20年中已经成熟。今天,法治活动往往可以被清楚地看作是为了推进将东道国确立为合法权威这一更广泛的目标。本文首先讨论了联合国对法治的理解,以及为什么联合国选择以结束有罪不罚作为其建设和平议程的基础。其次,讨论了中非稳定团的过渡时期司法,包括设立特别刑事法院。第三,联合国驻南苏丹特派团接受了调查,联合国在确保保护民用场所的法治方面面临着前所未有的挑战。最后,对地方司法前景进行了评估。报告建议,虽然结束有罪不罚现象和加强正式机构对于确保人权侵犯行为不再持续很重要,但需要制定一项全面的自下而上战略,让当地社区和其他民间行为体参与法治进程,并赋予它们权力。
{"title":"UN Peace Operations and the Role of the Local in (Re)Building the Rule of Law","authors":"Alexander Gilder","doi":"10.36633/ulr.649","DOIUrl":"https://doi.org/10.36633/ulr.649","url":null,"abstract":"UN peace operations undertake a broad array of rule of law activities aiming to rebuild the justice system and end impunity. Rule of law activities in UN peace operations have matured over the last 20 years since the UN experiments with statebuilding in Kosovo and East Timor. Today, rule of law activities can often clearly be seen to advance the broader goal of establishing the host state as the legitimate authority. This paper first discusses the UN’s understanding of the rule of law and why the UN has chosen to underpin its peacebuilding agenda with ending impunity. Second, transitional justice in MINUSCA is discussed including the establishment of the Special Criminal Court. Third, UNMISS is investigated where the UN had an unprecedented challenge of ensuring the rule of law on protection of civilian sites. Lastly, the promise of local justice is assessed. It is suggested that while ending impunity and strengthening formal institutions can be important to ensure human rights violations do not persist, there needs to be an overarching, bottom-up strategy in place to engage and empower local communities, and other civil actors, to be part of the rule of law process.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69666111","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}
引用次数: 0
The Rule of Law from Below – A Concept Under Development 自下而上的法治——一个发展中的概念
IF 0.6 Q2 Social Sciences Pub Date : 2021-01-01 DOI: 10.36633/ulr.771
A. Buyse, Katharine Fortin, B. M. Leyh, J. Fraser
The rule of law is a central notion in legal thought and in the practice of democratic states. While a contested term, scholars have articulated its contours – both formal and substantive. This includes ideas such as legal certainty, prospectivity, access to justice, and the fact that everyone should be accountable under the law. Much of the scholarship has centred on states and international organisations as the primary entities responsible for protecting the rule of law. By contrast, the relationship between individuals and groups of people in civil society vis-à-vis the rule of law is under-explored in (international) law. This special issue is therefore dedicated to elaborating upon this relationship – the ‘rule of law from below.’ This Introduction sets out the concept and illustrates it with examples of the innovative ways that people are using in practice to support the rule of law from below. While noting that the concept of ‘rule of law from below’ is one under development, we argue that there is much value in investigating instances where actors beyond formal state institutions, who have no constitutional or other formal legal role, take it upon themselves to uphold and defend the rule of law. This is especially important in today’s global context of shifts in power between state and non-state actors, as well as pervasive democratic and rule-of-law backsliding.
法治是法律思想和民主国家实践的核心概念。虽然这是一个有争议的术语,但学者们已经阐明了它的轮廓——无论是正式的还是实质性的。这包括法律确定性、前景、诉诸司法以及每个人都应依法承担责任等概念。许多学术研究都把重点放在国家和国际组织上,认为它们是负责保护法治的主要实体。相比之下,公民社会中个人和群体与-à-vis法治之间的关系在(国际)法中尚未得到充分探讨。因此,本期特刊致力于阐述这种关系——“自下而上的法治”。本导言阐述了这一概念,并举例说明了人们在实践中使用的创新方式,以支持自下而上的法治。虽然注意到“自下而上的法治”的概念正在发展中,但我们认为,调查那些没有宪法或其他正式法律角色的正式国家机构之外的行为者自行维护和捍卫法治的情况是很有价值的。在当今国家和非国家行为体之间的权力转移以及普遍的民主和法治倒退的全球背景下,这一点尤为重要。
{"title":"The Rule of Law from Below – A Concept Under Development","authors":"A. Buyse, Katharine Fortin, B. M. Leyh, J. Fraser","doi":"10.36633/ulr.771","DOIUrl":"https://doi.org/10.36633/ulr.771","url":null,"abstract":"The rule of law is a central notion in legal thought and in the practice of democratic states. While a contested term, scholars have articulated its contours – both formal and substantive. This includes ideas such as legal certainty, prospectivity, access to justice, and the fact that everyone should be accountable under the law. Much of the scholarship has centred on states and international organisations as the primary entities responsible for protecting the rule of law. By contrast, the relationship between individuals and groups of people in civil society vis-à-vis the rule of law is under-explored in (international) law. This special issue is therefore dedicated to elaborating upon this relationship – the ‘rule of law from below.’ This Introduction sets out the concept and illustrates it with examples of the innovative ways that people are using in practice to support the rule of law from below. While noting that the concept of ‘rule of law from below’ is one under development, we argue that there is much value in investigating instances where actors beyond formal state institutions, who have no constitutional or other formal legal role, take it upon themselves to uphold and defend the rule of law. This is especially important in today’s global context of shifts in power between state and non-state actors, as well as pervasive democratic and rule-of-law backsliding.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69668539","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}
引用次数: 4
Cross-Border Police Cooperation and ‘Secondary Movements’. On Reconfigurations in Enforcing Differential Mobility Rights within the Spatial-Legal Schengen Space 跨境警察合作和“次要运动”。论空间-法律申根空间中执行差别性流动权的重构
IF 0.6 Q2 Social Sciences Pub Date : 2021-01-01 DOI: 10.36633/ulr.779
Monika Weissensteiner
In the context of the so-called ‘migration crisis’, besides the politically more contentious introduction of border controls, on intra-European borders member states responded to onward mobilities – so-called ‘secondary movements’ – through border-area controls, bilateral (fast-track) readmissions and increasingly through joint patrolling of main cross-border routes. This article sets out to reflect upon the ‘Schengen crisis’ not by discussing the introduction of border controls, but by focusing on ordinary means of enforcement through border-area policing (Article 23 Schengen Borders Code) and through instruments of police cooperation, such as through joint patrolling or bilateral readmissions. By scrutinising the legal regimes of these instruments, plural in both scale and temporality, this article contributes to reflecting upon the productive reconfigurations in times of ‘crisis’ of the EU order and its enforcement.
在所谓的“移民危机”的背景下,除了政治上更有争议的边境管制之外,在欧洲内部边境上,成员国通过边境地区管制、双边(快速通道)重新入境以及越来越多地通过主要跨境路线的联合巡逻来应对向前流动——所谓的“次要流动”。本文旨在反思“申根危机”,不是通过讨论引入边境管制,而是通过关注通过边境地区警务的普通执法手段(《申根边境法》第23条)和通过警察合作的工具,如通过联合巡逻或双边再入境。通过审查这些工具的法律制度,在规模和时间上都是多元的,本文有助于反思欧盟秩序及其执行“危机”时期的生产性重组。
{"title":"Cross-Border Police Cooperation and ‘Secondary Movements’. On Reconfigurations in Enforcing Differential Mobility Rights within the Spatial-Legal Schengen Space","authors":"Monika Weissensteiner","doi":"10.36633/ulr.779","DOIUrl":"https://doi.org/10.36633/ulr.779","url":null,"abstract":"In the context of the so-called ‘migration crisis’, besides the politically more contentious introduction of border controls, on intra-European borders member states responded to onward mobilities – so-called ‘secondary movements’ – through border-area controls, bilateral (fast-track) readmissions and increasingly through joint patrolling of main cross-border routes. This article sets out to reflect upon the ‘Schengen crisis’ not by discussing the introduction of border controls, but by focusing on ordinary means of enforcement through border-area policing (Article 23 Schengen Borders Code) and through instruments of police cooperation, such as through joint patrolling or bilateral readmissions. By scrutinising the legal regimes of these instruments, plural in both scale and temporality, this article contributes to reflecting upon the productive reconfigurations in times of ‘crisis’ of the EU order and its enforcement.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69669818","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}
引用次数: 0
Localizing the Human Right to Water in Lagos State, Nigeria 尼日利亚拉各斯州用水人权的本地化
IF 0.6 Q2 Social Sciences Pub Date : 2020-10-30 DOI: 10.36633/ulr.559
P. Obani
Nigeria’s water sector is characterised by abysmal network coverage despite significant natural water resources potential. Most of the water sector reforms across the country encourage private sector participation in service delivery, to improve quality and efficiency. Early attempts at water privatization in Lagos State, a pioneer for water sector reforms in Nigeria, have met with stiff opposition from local water justice advocates, mostly on human rights grounds. Similar opposition has followed water reforms and privatization efforts in other parts of the country as well. Hence, this paper uses Lagos State as a case study to examine the prospects for the localisation of the human right to water within the context of private sector participation in the water sector. The findings suggest that: (a) private sector participation solely cannot account for the failure to localize the human right to water and the legal framework regulating the water sector plays an important role in determining the outcome; (b) the extant water sector law in Lagos State entrenches various forms of inequality in water access for personal and domestic uses; and (c) there is need for further legal reforms to elevate access to safe drinking water services beyond the contractual obligation on consumers to pay for services to a human right.
尼日利亚水资源部门的特点是,尽管拥有巨大的自然水资源潜力,但其网络覆盖范围却非常糟糕。全国大多数水务部门改革都鼓励私营部门参与服务提供,以提高质量和效率。拉各斯州是尼日利亚水部门改革的先驱,该州早期的水私有化尝试遭到了当地水司法倡导者的强烈反对,主要是基于人权理由。类似的反对意见也出现在该国其他地区的水利改革和私有化努力之后。因此,本文以拉各斯州为案例研究,探讨在私营部门参与水务部门的背景下,水权本土化的前景。调查结果表明:(a)仅靠私营部门的参与不能解释水权未能本地化的原因,管理水部门的法律框架在决定结果方面起着重要作用;(b)拉各斯州现行的水部门法在个人和家庭用水方面造成各种形式的不平等;(c)有必要进一步进行法律改革,使获得安全饮用水服务的机会超越消费者为服务付费的合同义务,成为一项人权。
{"title":"Localizing the Human Right to Water in Lagos State, Nigeria","authors":"P. Obani","doi":"10.36633/ulr.559","DOIUrl":"https://doi.org/10.36633/ulr.559","url":null,"abstract":"Nigeria’s water sector is characterised by abysmal network coverage despite significant natural water resources potential. Most of the water sector reforms across the country encourage private sector participation in service delivery, to improve quality and efficiency. Early attempts at water privatization in Lagos State, a pioneer for water sector reforms in Nigeria, have met with stiff opposition from local water justice advocates, mostly on human rights grounds. Similar opposition has followed water reforms and privatization efforts in other parts of the country as well. Hence, this paper uses Lagos State as a case study to examine the prospects for the localisation of the human right to water within the context of private sector participation in the water sector. The findings suggest that: (a) private sector participation solely cannot account for the failure to localize the human right to water and the legal framework regulating the water sector plays an important role in determining the outcome; (b) the extant water sector law in Lagos State entrenches various forms of inequality in water access for personal and domestic uses; and (c) there is need for further legal reforms to elevate access to safe drinking water services beyond the contractual obligation on consumers to pay for services to a human right.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"16 1","pages":"75-84"},"PeriodicalIF":0.6,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48408750","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}
引用次数: 1
The Special Rapporteur on the Human Rights to Safe Drinking Water and Sanitation: An Assessment of Its First Dozen Years 享有安全饮用水和卫生设施的人权问题特别报告员:对其第一个Dozen年的评估
IF 0.6 Q2 Social Sciences Pub Date : 2020-10-30 DOI: 10.36633/ulr.585
Henry F. Carey
The Special Rapporteur for Safe Drinking Water and Sanitation is a norm entrepreneur, both as a norm monitor and clarifier, as well as an advocate for reparative action for victims. Two incumbents have identified fundamental principles of these two human rights and many implementation requirements for their protection. Appropriate attention has been placed on various vulnerable groups that require greater efforts at norm compliance through policy responses. However, many countries have tremendous inequalities in access to water and sanitation, which are largely unacknowledged and even unnoticed, for which states have a positive responsibility, but which are not easily noticed because of weak civil society monitoring. Both mandate holders have much of their efforts on country visits with governments interested in improvement—which is desirable for both the countries concerned and for the development of rubrics for institutionalized lessons learned, best practices and methodologies for information collection and analysis. Considerable efforts have also been made on norm development that hopefully encourages emulation. More emphasis is needed to identify and clarify legally-binding, hard law requirements in implementation, not just soft-law non-legally binding recommendations to governments and their public and private partners, as well as specifying the binding rights of the vulnerable. Also needed are more cataloguing of government violations of the human rights to safe drinking water and sanitation, especially outside of Latin America, from where the two mandate holders come. Particular attention should be paid to countries that refuse country visits. Greater use of reliable information concerning pollution of drinking water, poor sanitation, economic development without consultation or impact analysis, exorbitant pricing of water, and inadequate sanitation that allows public defecation. This office should also coordinate generally more often with other Special Procedures on many inter-sectional issues, but above all else, on climate change issues, which present an existential threat to rights protection. While there are many competing claims for resources, important issues regarding access to safe drinking water and sanitation go unnoticed by this office because of its insufficient attention to early warning and urgent action procedures for these violations. However, the contributions of the two mandate holders to norm development has been clear, effective and deserving of praise.
安全饮用水和卫生问题特别报告员是一位规范企业家,既是规范监督员和澄清者,也是受害者补救行动的倡导者。两位现任者确定了这两项人权的基本原则以及保护这两项权利的许多执行要求。对需要通过政策应对措施更加努力遵守规范的各种弱势群体给予了适当关注。然而,许多国家在获得水和卫生设施方面存在巨大的不平等,这些不平等在很大程度上没有得到承认,甚至没有被注意到,国家对此负有积极责任,但由于民间社会监督不力,这些不公平不易被注意到。两位任务负责人都在与有兴趣改进的政府进行国别访问方面做出了很大努力,这对有关国家和制定制度化经验教训、最佳做法和信息收集和分析方法的准则都是可取的。在制定规范方面也作出了相当大的努力,希望能鼓励效仿。需要更加重视确定和澄清在实施中具有法律约束力的硬法律要求,而不仅仅是向政府及其公共和私人合作伙伴提出的软法律不具法律约束力的建议,并具体规定弱势群体的约束性权利。还需要对政府侵犯安全饮用水和卫生设施人权的行为进行更多的编目,特别是在两位任务负责人来自的拉丁美洲以外。应特别注意拒绝国别访问的国家。更多地使用有关饮用水污染、卫生条件差、未经协商或影响分析的经济发展、高昂的水价以及允许公众排便的卫生条件不足的可靠信息。该办公室还应在许多跨部门问题上更经常地与其他特别程序协调,但最重要的是在气候变化问题上,这些问题对人权保护构成生存威胁。尽管有许多相互竞争的资源要求,但该办公室没有注意到有关获得安全饮用水和卫生设施的重要问题,因为它没有充分注意到对这些侵权行为的预警和紧急行动程序。然而,两位任务负责人对规范制定的贡献是明确、有效的,值得赞扬。
{"title":"The Special Rapporteur on the Human Rights to Safe Drinking Water and Sanitation: An Assessment of Its First Dozen Years","authors":"Henry F. Carey","doi":"10.36633/ulr.585","DOIUrl":"https://doi.org/10.36633/ulr.585","url":null,"abstract":"The Special Rapporteur for Safe Drinking Water and Sanitation is a norm entrepreneur, both as a norm monitor and clarifier, as well as an advocate for reparative action for victims. Two incumbents have identified fundamental principles of these two human rights and many implementation requirements for their protection. Appropriate attention has been placed on various vulnerable groups that require greater efforts at norm compliance through policy responses. However, many countries have tremendous inequalities in access to water and sanitation, which are largely unacknowledged and even unnoticed, for which states have a positive responsibility, but which are not easily noticed because of weak civil society monitoring. Both mandate holders have much of their efforts on country visits with governments interested in improvement—which is desirable for both the countries concerned and for the development of rubrics for institutionalized lessons learned, best practices and methodologies for information collection and analysis. Considerable efforts have also been made on norm development that hopefully encourages emulation. More emphasis is needed to identify and clarify legally-binding, hard law requirements in implementation, not just soft-law non-legally binding recommendations to governments and their public and private partners, as well as specifying the binding rights of the vulnerable. Also needed are more cataloguing of government violations of the human rights to safe drinking water and sanitation, especially outside of Latin America, from where the two mandate holders come. Particular attention should be paid to countries that refuse country visits. Greater use of reliable information concerning pollution of drinking water, poor sanitation, economic development without consultation or impact analysis, exorbitant pricing of water, and inadequate sanitation that allows public defecation. This office should also coordinate generally more often with other Special Procedures on many inter-sectional issues, but above all else, on climate change issues, which present an existential threat to rights protection. While there are many competing claims for resources, important issues regarding access to safe drinking water and sanitation go unnoticed by this office because of its insufficient attention to early warning and urgent action procedures for these violations. However, the contributions of the two mandate holders to norm development has been clear, effective and deserving of praise.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"16 1","pages":"33-47"},"PeriodicalIF":0.6,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45291227","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}
引用次数: 1
Editorial for Localising the Sustainable Human Right to Water 可持续水资源人权本土化社论
IF 0.6 Q2 Social Sciences Pub Date : 2020-10-30 DOI: 10.36633/ulr.639
O. Spijkers, Daphina Misiedjan, Candice Foot, M. Rijswick
This Special Issue on Localising the Sustainable Human Right to Water begins with contributions focused on a global and more general perspective. These contributions provide a general introduction to the topic of the sustainable human right to water. It then shifts perspective to provide regional contributions, and finally zooms in to contributions focused on the implementation of this right at the national level.
本期关于将可持续的用水人权本地化的特刊首先从全球和更普遍的角度出发。这些文章对可持续的用水人权专题作了一般性介绍。然后,它转变观点,提供区域贡献,最后扩大到侧重于在国家一级执行这一权利的贡献。
{"title":"Editorial for Localising the Sustainable Human Right to Water","authors":"O. Spijkers, Daphina Misiedjan, Candice Foot, M. Rijswick","doi":"10.36633/ulr.639","DOIUrl":"https://doi.org/10.36633/ulr.639","url":null,"abstract":"This Special Issue on Localising the Sustainable Human Right to Water begins with contributions focused on a global and more general perspective. These contributions provide a general introduction to the topic of the sustainable human right to water. It then shifts perspective to provide regional contributions, and finally zooms in to contributions focused on the implementation of this right at the national level.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"16 1","pages":"1-6"},"PeriodicalIF":0.6,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45983991","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}
引用次数: 0
Human Right to Water in the Helmand Basin: Setting a Path for the Conflict Settlement between Afghanistan and Iran 赫尔曼德盆地的水权:为解决阿富汗和伊朗之间的冲突开辟道路
IF 0.6 Q2 Social Sciences Pub Date : 2020-10-30 DOI: 10.36633/ulr.566
Farnaz Shirani Bidabadi, Ladan Afshari
There is a long-standing dispute between Iran and Afghanistan over the Helmand River. In recent years, between 2002 and 2013, the access to water of the population living in the river basin in Iran has been adversely affected. As the human right to water is recognized at the international level, this paper aims to study the national implementation of the human right to water in both countries. It analyzes Afghanistan’s and Iran’s legislation, regulation, adopted strategies and policies at the national level. It further assesses if there is an extraterritorial obligation for both countries to respect, protect, and fulfill the human right to water. Finally, it to proposes solutions that would contribute to the fulfillment of the human right to water.
伊朗和阿富汗在赫尔曼德河问题上存在长期争端。近年来,在2002年至2013年期间,生活在伊朗河流域的人口的用水受到了不利影响。由于水权在国际上得到承认,本文旨在研究两国在国家层面落实水权的情况。它分析了阿富汗和伊朗在国家一级的立法、法规、通过的战略和政策。它进一步评估了两国是否有尊重、保护和履行水权的域外义务。最后,它提出了有助于实现水权的解决方案。
{"title":"Human Right to Water in the Helmand Basin: Setting a Path for the Conflict Settlement between Afghanistan and Iran","authors":"Farnaz Shirani Bidabadi, Ladan Afshari","doi":"10.36633/ulr.566","DOIUrl":"https://doi.org/10.36633/ulr.566","url":null,"abstract":"There is a long-standing dispute between Iran and Afghanistan over the Helmand River. In recent years, between 2002 and 2013, the access to water of the population living in the river basin in Iran has been adversely affected. As the human right to water is recognized at the international level, this paper aims to study the national implementation of the human right to water in both countries. It analyzes Afghanistan’s and Iran’s legislation, regulation, adopted strategies and policies at the national level. It further assesses if there is an extraterritorial obligation for both countries to respect, protect, and fulfill the human right to water. Finally, it to proposes solutions that would contribute to the fulfillment of the human right to water.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"16 1","pages":"150-162"},"PeriodicalIF":0.6,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48923311","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}
引用次数: 5
The Right of Access to Water in the Context of Investment Disputes in Argentina: Urbaser and Beyond 阿根廷投资争端背景下的用水权:城市与超越
IF 0.6 Q2 Social Sciences Pub Date : 2020-10-30 DOI: 10.36633/ulr.572
Dr. Yulia Levashova
The privatisation of water through foreign investment has become a common occurrence throughout the world. In developing economies like Argentina, many people depend on their water supply from private companies, including foreign investors. Using Argentina as a case study, this article analyses of how the human right of access to water is applied and interpreted in international investment law. To this end, four Argentinian investment water disputes Azurix v. Argentina, AWG v. Argentina, Impregio v. Argentina and Urbaser v. Argentina concluded in the last 20 years are subjected to a comparative analysis. The evaluation of four tribunals’ decisions signals the reformative evolution that is taken place in international investment law. The most recent of the four cases (Urbaser v. Argentina) belongs to the body of recent jurisprudence, where the state’s right to regulate as well as investors’ responsibilities have been acknowledged by tribunals. Drawing on more recent policy developments in investment law, it is argued that Urbaser case is not an exception, but an indication of gradual transformation of investment regime to a more balanced system.
通过外国投资实现水资源私有化已成为世界各地的普遍现象。在阿根廷这样的发展中经济体,许多人的供水依赖于包括外国投资者在内的私营公司。本文以阿根廷为例,分析了在国际投资法中如何应用和解释获得水的人权。为此,本文对阿根廷近20年来发生的4起水资源投资纠纷Azurix诉阿根廷、AWG诉阿根廷、Impregio诉阿根廷和Urbaser诉阿根廷进行了比较分析。对四个法庭裁决的评价标志着国际投资法中发生的改革演变。在这四个案例中,最近的一个(Urbaser诉阿根廷)属于最近的判例体系,在这些案例中,法庭承认了国家的监管权和投资者的责任。根据最近投资法的政策发展,本文认为Urbaser案例不是一个例外,而是投资制度逐步向更平衡的制度转变的一个迹象。
{"title":"The Right of Access to Water in the Context of Investment Disputes in Argentina: Urbaser and Beyond","authors":"Dr. Yulia Levashova","doi":"10.36633/ulr.572","DOIUrl":"https://doi.org/10.36633/ulr.572","url":null,"abstract":"The privatisation of water through foreign investment has become a common occurrence throughout the world. In developing economies like Argentina, many people depend on their water supply from private companies, including foreign investors. Using Argentina as a case study, this article analyses of how the human right of access to water is applied and interpreted in international investment law. To this end, four Argentinian investment water disputes Azurix v. Argentina, AWG v. Argentina, Impregio v. Argentina and Urbaser v. Argentina concluded in the last 20 years are subjected to a comparative analysis. The evaluation of four tribunals’ decisions signals the reformative evolution that is taken place in international investment law. The most recent of the four cases (Urbaser v. Argentina) belongs to the body of recent jurisprudence, where the state’s right to regulate as well as investors’ responsibilities have been acknowledged by tribunals. Drawing on more recent policy developments in investment law, it is argued that Urbaser case is not an exception, but an indication of gradual transformation of investment regime to a more balanced system.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44475328","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}
引用次数: 3
期刊
Utrecht Law Review
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1