Responsibility For Rights Research Articles

온라인 디자인 플랫폼 분쟁 사례분석 및 실무적 대응 방안에 관한 연구

Purpose: This paper proposes measures for protecting designers' intellectual property rights in response to the growth of online design platforms. Research design, data, and methodology: This study analyzed the dispute cases involving online design platforms and proposed practical measures for designers and platform operators to address these issues effectively. Results: This study suggests that online platform operators can enhance their credibility by fostering collaboration with creators. Moreover, it emphasizes the need to develop internal monitoring systems and encourage third-party reporting of infringers and counterfeit products, accompanied by a compensation system. In addition, it proposes enhancing educational efforts to prevent infringement and institutionalizing stringent measures, such as permanently banning infringers from the platform. Finally, the study advocates for expanding online arbitration to ensure the swift resolution of disputes. Conclusions: This study contributes to the protection of designers' intellectual property rights, defines the scope of responsibility for platform operators, and ultimately promotes the growth of the digital design industry.

Whistleblowers as Defenders of Human Rights: The Whistleblower Protection Act in Japan

In October 2020, the Government of Japan formulated a National Action Plan (NAP) on Business and Human Rights in response to the United Nations Guiding Principles on Business and Human Rights (UNGPs) and ensuing greater international awareness of violations of human rights by corporations.1 In the NAP, the government of Japan stated that on the basis of the UNGPs, it expects companies to (i) formulate human rights policies, (ii) conduct due diligence with respect to human rights, and (iii) establish grievance mechanisms.2 In order to achieve these goals, businesses need to understand whether and how they are violating human rights and prepare appropriate solutions. Whistleblowers play a crucial role in this process.

COVID-19 responses, human rights and the cultural context of Global South

PurposeThis paper focuses on COVID-19 and human rights in the Global South. Controlling COVID-19 has become very challenging to the courtiers in the Global South and the Global North. Various restrictive measures, mainly lockdown, home quarantine, travel restrictions and social distancing have been taken in both Global North and South to control COVID-19. However, the lower-middle and poor class people of the Global South have suffered from these restrictive measures. Thus, this paper aims to explore the human rights issues of the Global South during COVID-19.Design/methodology/approachThis study is a qualitative research based on secondary materials. It includes relevant scholarly articles, news reports and various reports from different national and international organizations. It critically reviews the current literature related to the topic to develop a theoretical understanding of human rights and public health in general and human rights challenges in COVID-19 in the Global South in particular. Existing international human rights principles in the case of public health were reviewed and discussed to identify the links between human rights laws in public health perspectives. Contents analysis was carried out to identify the relevant themes on the issues of human rights in response to the COVID-19 pandemic.FindingsThis paper finds that universal guidelines to control COVID-19 challenged the human rights norms, which impacts the enjoyment of human rights in the Global South. The human rights of the people in the Global South were undermined in the response to the control of COVID-19.Originality/valueThis paper is a significant study on the issues of human rights in public health emergencies. It addresses how the human rights of the vulnerable people in the Global South are undermined in the global pandemic response, which can be useful for the countries in the Global South for ensuring better human rights-based responses in the future.

Overcoming Silencing Practices: Indigenous Women Defending Human Rights from Abuses Committed in Connection to Mega-Projects: A Case in Colombia

AbstractMany of those who dare to raise their voices in defence of human rights in response to abuses committed in connection to mega-projects are being repressed in the Americas. In this context, Indigenous women leaders face multiple forms of violence, including gender-based violence. The prevailing narrative of ‘progress’ and ‘development’ that accompanies mega-projects in the region often stands in stark contrast to their lived experiences, as Indigenous women human rights defenders frequently face silencing practices from companies, authorities and other groups including paramilitary forces. In this article, I contend that Indigenous women leaders have managed to overcome the silence that is being imposed on them. But what are silencing practices? What does gender-based violence mean in this context? How do Indigenous women leaders overcome silencing practices? The article responds to these questions by focusing on the Wayúu Women’s Force mobilization in Colombia and drawing on the emerging ‘braided action’ theoretical framework.

Migration and Inequality

Migrants are omnipresent in cosmopolitan societies. Propelled from their homelands by poverty, violence, and environmental disasters—and the promise of better opportunities and security—migrants have found their way into metropolitan regions. At the same time, we see steep increases in economic inequality. These changes, which are intrinsically connected to the rise of neoliberal polices, have pushed immigration to the top of the political agenda for both the political right and left in many nations. The right seeks to erect walls, restrict immigration, and deport the undocumented. The left seeks amnesty, sanctuary policies and other measures to advance human rights in response to the migration crisis. Yet neither approach addresses the underlying causes of migration nor growing inequalities that together animate populist revolts on both the left and right across the globe. 
 In this paper, I employ a framework that foregrounds capitalist accumulation at the center of these processes. Focusing on urban areas in the US, I highlight the ways economic, social and political structures contribute to growing inequalities between immigrants and the native born -- as well as sharp inequalities within each group -- which, in turn, affect patterns of immigrant incorporation, politics and options for reform. The paper examines US immigration and immigrant policy, assessing their impacts on inequality and immigrant incorporation processes and outcomes. I conclude by pointing to contemporary social movements and evolving political alignments, which have the potential to achieve more egalitarian outcomes capable of sustaining social cohesion in metropolitan regions, as well as more stable and robust democratic systems across borders. Given that immigrants and their offspring comprise nearly one in four people in the U.S., addressing such inequalities is theoretically important and a pressing political concern.

Derogating from the European Convention on Human Rights in Response to the Coronavirus Pandemic: If not Now, When?

This article contends that art 15 ECHR should be used to accommodate what have become known as “lockdown” powers necessary to confront the coronavirus pandemic In this way, such exceptional powers can be quarantined to exceptional situations Using art 5 ECHR and the right to liberty as an illustrative example, this article demonstrates that far from protecting human rights standards, failure to use Article 15 ECHR risks normalising exceptional powers and permanently recalibrating human rights protections downwards © 2020 Thomson Reuters and Contributors

Young people’s judgments about respecting and violating human rights

The research examined with in depth clinical interviews (N = 48), how adolescents aged 13–17, and young adults aged 18–25 reasoned about human rights. Participants were presented with general questions about human rights and four contextualized situations in which violations of human rights occur. Results showed that adolescents and young adults judged and reasoned similarly about human rights in response to general questions, but there was more variation in judgments and justifications about specific situations involving violations of human rights. Within specific contexts individuals consider different aspects of situations and balance or coordinate them in coming to decisions. However, all ages approached the general issue of human rights, and their violations, primarily from a moral perspective and to a lesser extent from the perspectives of societal organization and cultural practices. Less agreement, and less moral reasoning, was found in reference to punishment of human rights violations.

Termination of the contract without notification of the employee

The article considers the grounds for termination of the employment contract without notifying the employees of the pipeline. The contractual employment relationship may be terminated by termination at the will of the parties or one of the parties as a result of the relevant legal act that performs them, or termination by law, regardless of the will of the parties. Based on Art. 30 p. 1 pp. 1-3 of the Labor Code, contractual employment may be terminated by performing one of the following legal actions committed by one of the parties to the employment relationship: agreement to terminate the employment contract, termination of employment contract and termination without notice. It is also emphasized that an employment contract concluded for a probationary period or for a definite period is terminated after the end of the period for which it was concluded. The employer's actions aimed at discrediting and harming the employee's personal rights in response to the permitted and constructive criticism of the director of the workplace against the unfavorable decisions of the founding body or the owner may be qualified as a serious breach of the employee's basic obligations. employment contract without notice through the fault of the employer. Other obligations that the employer may violate in relation to the employee are: the obligation to ensure safe and hygienic working conditions, all obligations related to social insurance, obligations related to the principles of social coexistence.

Law Enforcement of Criminal Defamation Through Electronic Media

Defamation through Electronic Media as regulated in Article 27 paragraph (3) of Law No. 19 of 2016 on amendments to Law No. 11 of 2008 on Information and Electronic Transactions does not explain in detail the elements of "insulting content and/or defamation;” therefore, the understanding of this term is subjective to the victim. Article 27 also includes the phrase "no rights," suggesting that victims' legal rights in response to defamation are limited. Even so, the Information and Electronic Transactions Law (ITE Law - Undang-Undang Informasi dan Transaksi Elektronik) itself does not provide a detailed explanation of these elements. The results found in this study are an objective criteria to assess whether electronic information or electronic documents which can be qualified as defaming. This study argues that defamation occurs if: (a) information or documents are built based on the clarity of the insulted person's identity; (b) the purpose of words is deemed insulting; (c) defamation is addressed to natural person or legal person (d) the content and context of each case, and (e) the allegations. In addition, a person is said to have the right to commit criminal defamation if carried out in the public interest and by being forced to defend himself.
 Keywords: Criminal Defamation, Electronic Media, Indonesia

Transforming hydrosocial territories and changing languages of water rights legitimation: Irrigation development in Bolivia’s Pucara watershed

Comprehending the context and history-based allocation and distribution of water use rights for irrigation is crucial for understanding social and agricultural dynamics in (semi)arid regions. Irrigation water rights are socio-legal constructs that, for their materialization, depend on the legitimacy, authority and powers backing their claims. We show how the recent conceptual notion of “hydrosocial territories” enables examining water rights claims as expressed in diverse and divergent “legitimation languages”. Water rights and their legitimation languages are embedded in site-particular normative dynamics, cultural-political histories and changing socionatural configurations. This article focuses on Bolivia’s Pucara watershed to examine the historical shifts in legitimizing water use rights, these claims’ social acceptance, and their materialization in hydraulic infrastructure and access to water. The article analyzes three historical periods in which stakeholders sustain different ways to legitimize and defend their water rights. In the first (1950–1978), acquiring rights was sustained through “hydraulic property” relationships: rights-creation by investing in infrastructure development. In the second (1978–1995), a shift takes place to more territorially-oriented claims over water rights in response to governmental attempts to reorganize hydrosocial territories. In the third period (1995–2017), steered by indigenous communities’ wider political emancipation processes and the municipalization policies, territorial claims over water sources and use rights have become decisive in the struggle over water. We show that, to enhance user-oriented irrigation development, it is necessary to understand besides the positions, interests and power structures, also the multiple languages of water rights legitimation that underlay water control and that trigger either conflict or collaboration.

Indigenous Processes of Consent: Repoliticizing Water Governance through Legal Pluralism

While international instruments and a few state governments endorse the “free, prior and informed consent” of Indigenous peoples in decision-making about the water in their traditional territories, most state water governance regimes do not recognize Indigenous water rights and responsibilities. Applying a political ecology lens to the settler colonialism of water governance exposes the continued depoliticizing personality of natural resources decision-making and reveals water as an abstract, static resource in law and governance processes. Most plainly, these decision-making processes inadequately consider environmental flows or cumulative effects and are at odds with both Indigenous governance and social-ecological approaches to watershed management. Using the example of groundwater licensing in British Columbia, Canada as reinforcing colonialism in water governance, this article examines how First Nations are asserting Indigenous rights in response to natural resource decision-making. Both within and outside of colonial governance processes they are establishing administrative and governance structures that express their water laws and jurisdiction. These structures include the Syilx, Nadleh Wut’en and Stellat’en creating standards for water, the Tsleil-Waututh and Stk’emlúpsemc te Secwépemc community assessments of proposed pipeline and mining facilities, and the First Nations of the Nicola Valley planning process based on their own legal traditions. Where provincial and federal environmental governance has failed, Indigenous communities are repoliticizing colonial decision-making processes to shift jurisdiction towards Indigenous processes that institutionalize responsibilities for and relationships with water.

The European Court of Human Rights Interptetation of Migrants Cases: Basic Doctrinal Approaches

The doctrinal substantiation of the practical consideration of precedents in relation to ensuring and violating the migrants’ rights is in sight of the representatives of various field of science. It is also a subject of complex international legal, political, historical, economic, demographic, anthropological and social studies. However, a rapid dynamic development, caused by various factors in migration processes, and its institutionalization requires picky and thorough scientific analysis of some important issues such as the migration problem, the impact of the right to migrate, political and rational incentives for migration, consideration of the interpretation of such cases by the European Court of Human Rights (ECtHR) for a further and comprehensive settlement of migration policy on both European and national level. Although particular steps are being taken to create a sustainable regulatory framework for the recognition and assurance of human rights in response to current challenges and to systemic drawbacks of the national human rights mechanism – the problems of migration and asylum are very urgent and thorny. The purpose of the article is to analyse doctrinal approaches and legal positions of the ECtHR in the process of interpretation in the field of migration. The use of the research methodology was caused by the specifics of the study subject. The comprehensive approach to analysis, which combines a wide range of philosophical, general scientific, special scientific and legal methods, served as a research basis. Thus, the dialectical method has allowed substantiating a regular nature of the formation of an evolutionary approach to the interpretation of ECtHR judgments. The anthropological approach emphasized on the place and role of man in the process of legal interpretation. With the help of the hermeneutic method, the concept of the categories “migrant”, “migrants’ rights”, “asylum”, as well as the content of the doctrinal approaches and legal positions of the Court were disclosed, while a systematic method reflected the interrelationship between them. The statistical method made it possible to quantitatively synthesize the case law of the ECtHR in the field of migration and asylum. The use of the comparative method allowed to carry out a comparative analysis of doctrinal approaches employed by the Court in considering various categories of migration issues in different periods of its activities. It is proved that the ECtHR uses many doctrinal approaches, the Court emphasizes on the need to adhere to the principle of wide margin of appreciation. In cases of deportation of foreigners convicted of a criminal offense, the Court is guided by the principle of proportionality. Most of the cases examined by the ECtHR concerning migrants are related to the provision of asylum. The interpretation activities of the Court are focused on identifying barriers to asylum and formulating the principle of prohibition of dismissal, if the asylum seeker was forced to leave his country caused by various circumstances such as humanitarian crisis, non-selective violence, real threat / danger, denial of justice, or unlawful detention or conviction by a manifestly unfair trial in country of residence, or procedural violations against migrants and etc. The ECtHR has also focused on assessing the risks of not granting asylum, in particular, harsh treatment and has formulated the predominance principle of the child’s extraordinary vulnerability, which prevails over the status of the illegal stay presence as a foreigner on the territory of the state

On Dialogue and Domination

In this chapter I evaluate the interrogative, interruptive, and constructive reasons for favouring dialogue between courts and legislatures in light of the contemporary republican political theory of the relationship between freedom and constitutionalism. First, dialogue might be valued as a means by which courts interrogatively distinguish justifiable reasons for legislatures to violate rights from violations unjustifiably made in pursuit of certain objectives by specific means. Second, dialogue could be valued as both a chance for courts to interrupt legislative processes or statutory schemes concerning rights, and for legislatures to deliberatively respond. Third, dialogue could be valued as a means by which courts and legislatures co-ordinately construct the legally indeterminate meaning of rights in a way that protects both rights and the democratic legitimacy of political decisions implicating rights. I argue that the republican conception of freedom from domination justifies constitutional construction as the ideal republican norm of dialogue between courts and legislatures concerning most rights. Interrogative dialogue increases the risk of domination by exhorting courts to engage in a form of political contestation better suited to ancient courts than to the independence and professionalism of modern judiciaries. It also delegitimizes legislative responsibility for rights. Interruptive dialogue solicits aggressive judicial review in ‘first look’ cases that minimizes the probability of legislative responses to unjust forms of adjudication, and thereby stifles the very dialogues it is supposed to provoke. In contrast, the norm of constructive dialogue will encourage courts to minimize the risk judicial review poses to political justice by using their institutional independence and professionalism to primarily enforce the determinate meaning of rights, while recognizing and respecting prospective legislative rights constructions. It will also promote the legislative duty to correct unjust adjudicative constructions.

Human rights and the ethno—nationalist problematic through the eyes of Greek-Cypriot teachers

The present article aims to examine the interplay between the transnational discourses of human rights and the particularities of local constructions and conceptualisations of human rights within the context of an ethnically divided society, Cyprus. Specifically, this interplay is examined through a qualitative study of Greek-Cypriot primary school teachers’ understandings of human rights and human rights teaching in Greek-Cypriot schools, focusing on the tensions that seem to arise between transnational and ethno-nationalist discourses of human rights. The findings show that Greek-Cypriot teachers seem to ‘reframe’ universalist perspectives of human rights in response to local demands that foreground conflict-related violations suffered by the Greek-Cypriot community, while backgrounding human rights violations experienced by ‘others’. A few teachers, though, realize how conflict may limit understandings of human rights and project a different interpretation that acknowledges the suffering of the ‘Other’. The implications for human rights teaching are discussed, especially in the context of conflict-affected societies.

Explorations in Australian Legal Geography: The Evolution of Lease Tenures as Policy Instruments

AbstractIn their programmatic statement towards an Australian perspective on legal geography, Bartel et al. acknowledge that ‘it is perhaps in the institution of property and the regulation of land use that law has its most obvious overlap with geography … in a settler society such as Australia'. Given this statement, it is surprising that the seven co‐authors fail to acknowledge the formidable contributions already made by Australian geographers within a highly relevant, substantial research agenda, namely the evolution of lease tenures as policy instruments in shaping rural land settlement and rural society. The earliest contributions on lease tenures were made by an eminent group of historical geographers enquiring into the evolution of a distinctive, adaptable portfolio of Australian land tenures and other resource rights in response to the challenges of frontier squatter settlement and the subsequent policy agenda in pursuit of closer settlement. Their successors have focused on the contemporary relevance of lease tenures as potentially adaptable instruments towards sustainability and coexistence. Geographers have also acted as consultants, policy advisers, advocates, and expert witnesses through consultancy reports, discussion papers, newspaper articles, and news reports. There is a strong case to be made that, together with Aboriginal land rights and native title, these two research agendas have provided the most substantial and coherent scholarly contributions to Australian legal geography. This deficiency in the review of Australian research may well be an outcome from a comparable deficiency in theorising property rights within the subdiscipline internationally. If Australian legal geography is to fulfil its potential, greater recognition needs to be given to foundational Australian contributions to this subdiscipline and to property rights theory in the matter of natural resources, notably land.

The Evolution of the Constitutional Right to Free Speech in India (1800-1950): The Interplay of Universal and Particular Rationales

This paper seeks to provide a descriptive account of the evolution of free speech in colonial and post-independence India, while remaining alert to significant analytical considerations. The paper focuses on crucial periods in the evolution of Indian constitutional jurisprudence on the right to free speech. It starts its narrative with the introduction of the printing press in India in 1778 and the creation of the first Indian newspapers and newsletters in the early 19th century. The bulk of the paper focuses on the debates within the framers of the Constitution of India on the issue of free speech that occurred between 1947-50. The principal argument advanced in this paper is that while both universal and particularist arguments played vital roles in preparing the ground for public support for free speech and the eventual adoption of a constitutional right to free speech, there are specific phases where the dominance of one over the other was markedly felt. Broadly speaking, universal arguments for free speech were dominant during the colonial era, when intellectuals and nationalists drew on universal and comparative understandings (mixed often with local and particular reasons that played a lesser role) to advance arguments for free speech. By contrast, when the framers of Independent India began drafting the rights provisions, the overall influence of universal arguments for free speech was considerably moderated by the pressing demands of the social, political and economic conditions in mid-twentieth India, which led them to permit several grounds of restrictions of rights in response to such conditions. This is not to suggest, however, that universal influences were always towards expansion of free speech, or that particularlist influences were only towards restrictions on speech. As we will see, the story is more complex and some particularist justifications for embodying a strong free speech right in India were also advanced. This paper is very much work-in-progress and is part of a larger project that tries to understand post-colonial Indian constitutionalism against a wider historical trajectory, which in my view is often lost sight of, and is not emphasized enough, in contemporary scholarship on Indian constitutional law.

Location of Decision Rights Within Multinational Firms

ABSTRACTUsing U.S.‐based multinational firm data gathered over more than two decades, we examine factors associated with the location of decision rights within these firms, whether the inappropriate assignment of decision rights is associated with poor firm performance, and whether these firms relocate decision rights in response to their evolving environments. We find that a mismatch between the location of decision rights and a firm's environment is associated with weak firm performance. We also show that the likelihood a parent company will alter the assignment of decision rights to a subsidiary is increasing in the extent of a mismatch although this likelihood is decreasing in the strength of the subsidiary's performance.

Thinking Globally, Framing Locally: International Discourses and Labor Organizing in Indonesia

In the final decade of the New Order regime, Indonesian labor activists turned to international organizations as a key ally in the dangerous work of challenging the state-controlled labor regime. As the political context has become more open, international organizations have continued to play an important role in the labor movement. This paper examines the changing role of transnational labor activism in democratic Indonesia. First, the paper describes the emergence of the discourse of global labor rights in response to the challenges of globalization. It then sketches the historical relationship between the Indonesian state, the labor movement, and international activists. Finally, the paper examines an internationally supported union organizing campaign. Drawing upon the literature on discursive framing, the case suggests that while internationally circulating, rights-based discourses remain an important resource for domestic activists, such discourses must be translated and modified for the local political context.

Human Rights: A Critique of the Raz/Rawls Approach

This paper examines and criticizes the suggestion that we should interpret the “human” in “human rights” as (i) referring to the appropriate sort of action when certain rights are violated rather than (ii) the (human) universality of certain rights. It considers first a crude version of (i) — the view that human rights are rights in response to whose violation we are prepared to countenance humanitarian intervention; then it considers more cautious and sophisticated versions of (i). It is argued that all versions of (i) distract us with side issues in our thinking about human rights, and sell short both the individualism of rights and the continuity that there is supposed to be between human rights and rights in national law. The paper does not deny that there are difficulties with views of type (ii). But it denies that the positing of views of type (i) gives us reason to abandon the enterprise of trying to sort these difficulties out.

Natural law and critical theory: Bringing rights back in

This paper re-assesses the significance of the idea of ‘right’ in the tradition of critical theory. Focusing on the work of Hannah Arendt and Theodor Adorno, especially their confrontation with totalitarianism, it addresses their conceptualization of rights, their engagement with the philosophies of right created by Kant and Hegel, and the ambivalent place of Marx in their thinking about rights. My argument is that critical theory turned to natural rights in response to the perceived difficulties positive sociology had in confronting the barbarities of fascism and Stalinism. Critical theory steered a path between philosophies of right that acknowledged the idea of right within an unacceptably naturalistic frame of reference, and a sociological consciousness that de-natured the idea of right at the cost of its devaluation. Arendt and Adorno both confronted the contradictions of an age in which the rights of the individual were elevated as a supreme value while individuality was subjected to the forces of technological and economic determination. Both understood the barbarism of their times in terms of the disintegration of mediations between freedom and determination. Both recognized the gulf that separates the concept of rights from the material interests, inequalities and prejudices concealed behind them. And both drew on the critical substance of natural right theory to distinguish between the critique of rights, which has as its end their revaluation, and the trashing of rights, which serves to reinforce their devaluation. I argue that there is much to be gained, in terms of our understanding both of rights and of critique, from critical theory’s engagement with the natural law tradition.