This project identifies fundamental changes in pathways to the realization of rights. We trace the balance between dynamics of diffusion and innovation, the efficacy of norm promotion in advocacy campaigns, multi-level contests and translation of rights frames, and the growth of global responsibilities. Our authors chart new mechanisms in the human rights regime via horizontal peer review, regional courts, national Constitutions, and urban movements. But these developments are constrained by backlash in the security of human rights defenders, contradictions in the role of NGOs, and decline in human rights foreign policy.
Chapter 1 provides a general introduction to the book. It describes the importance of forest conservation and restoration for people’s livelihoods, biodiversity conservation and mitigating climate change. It also describes the problem of global deforestation and how governments have reacted to the global deforestation crisis by adopting a large number of, sometimes binding, international forest-related agreements that aim to reduce or even halt forest loss. It subsequently presents the development of the REDD+ regime as a subsystem of the international climate regime. It describes how policies to address deforestation and forest degradation were integrated into the UNFCCC and its Kyoto Protocol, how the proposal for a REDD+ regime was introduced in the UNFCCC, and the subsequent development of the REDD+ regime itself. It ends with an analysis of the current status of the REDD+ regime in light of the outcomes of UNFCCC COP-21 in Paris.
Matthias Ruth and Stefan Goessling-Reisemann
This chapter provides motivation for the study of the resilience of social and technological systems as they interact with and shape each other. How the resilience of socio-technical systems is conceptualized and analyzed, in turn, depends on disciplinary perspectives as well as practical needs. We briefly review the resilience frameworks and approaches that are increasingly used by the scientific and practitioner communities and proved an overview of the contributions to this volume.
Ray Yep, June Wang and Thomas Johnson
Urban China has undergone seismic change in its physical and socioeconomic landscape over the last four decades. Urban life in Mao’s China was simply an extension of the regime’s faith in the superiority of teleological planning, and Chinese cities were given a central role in the socialist industrialization programme. All aspects of urban existence were organized along the imperative of production. Urban architectural landscapes were characterized by buildings of monotonous design and prosaic outlook. The ethos of egalitarianism inherent in Soviet practices and the functionality logic of Le Corbusier’s modernist principles of design determined the allocation of space. Scarcity was permanent, with the rationing system effectively restricting personal consumption to subsistence level, lest excessive personal indulgence misappropriate resources for unproductive purposes and thus decelerate the pace of the industrialization programme. Urban life was in general highly organized, disciplined and mundane, with expression of individuality severely circumscribed by politics and material conditions. Yet most urban dwellers probably felt blessed with their ‘privilege’ of residing in the cities, aware as they were of the deprivation and desperation of the Chinese peasantry. The concomitant operation of centralized control over employment through the work unit system (danwei) and the unified job allocation arrangement, and the effective regulation of personal movement through the residential permit system (hukou), powerfully sustained the impermeability of the rural-urban divide.
The Introduction explores the basic outlines of various feminist legal theories, including liberal feminism, radical feminism, relational feminism, socialist feminism, critical race feminism and postmodern feminism. It takes up some of the major conflicts between these contrasting views as well as points of overlap and explores the ways in which each has influenced legal reform movements as well been influenced by them.
Ben Wagner, Matthias C. Kettemann and Kilian Vieth
In a digitally connected world, the question of how to respect, protect and implement human rights has become unavoidable. As ever more human beings, organizational systems and technical devices transition online, realizing human rights in online settings is becoming ever more pressing. When looking at basic human rights such as freedom of expression, privacy, free assembly or the right to a fair trial, all of these are heavily impacted by new information and communications technologies. While there have been many long-standing debates about the management of key Internet resources and the legitimacy of rules applicable to the Internet – from legal norms to soft law, from standards to code – it is only more recently that these debates have been explicitly framed in terms of human rights. The scholarly field that has grown in response to these debates is highly interdisciplinary and draws from law, political science, international relations, geography and even computer science and science and technology studies (STS). In order to do justice to the interdisciplinary nature of the field, this Research Handbook on Human Rights and Digital Technology: Global Politics, Law and International Relations unites carefully selected and reviewed contributions from scholars and practitioners, representing key research and practice fields relevant for understanding human rights challenges in times of digital technology.
Stephen C. McCaffrey, Christina Leb and Riley T. Denoon
Jacco Bomhoff, Agatha Brandão de Oliveira and Lucia Bíziková
This first case expresses a post-war yearning for deparochialisation. At stake was the legal effect of a forum-selection clause in an international maritime contract. Decided by the United States Supreme Court in 1972, it marks the beginning of a process of liberalisation of contractual choice of forum, that would extend progressively from adjudication to arbitration. One might say that the siren of free trade lures international jurisdiction into the nets of party autonomy. The dispute arises from a towage contract between an American corporation (Zapata) and a German corporation (Unterweser), in which the main obligation was to move an oil rig from Louisiana to the Adriatic Sea. The contract contained the following forum-selection clause: ‘Any dispute arising must be treated before the London Court of Justice.’ Unterweser’s deep-sea tug Bremen departed Louisiana on 5 January 1968, however, during transportation a severe storm arose while the Bremen was in international waters. The rig was damaged and was towed to Tampa, Florida, the nearest port of refuge. Despite the contractual provisions, on 12 January, Zapata commenced a suit in admiralty in the United States District Court at Tampa, seeking damages against Unterweser in personam and the Bremen in rem, alleging negligent towage and breach of contract. Unterweser invoked the forum clause and moved to dismiss for lack of jurisdiction or on forum non conveniens grounds. Alternatively, the German corporation requested to stay the action pending submission of the dispute to the London Court of Justice.