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Fausto Pocar

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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.

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Edited by Israel Doron and Nena Georgantzi

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Edited by Israel Doron and Nena Georgantzi

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Israel (Issi) Doron and Nena Georgantzi

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Fan Yang, Ting Zhang and Hao Zhang

Developing countries and countries with economies in transition have varying experiences in enforcing their national environmental law. China's judicial interpretations and legislation on environmental protection have established the rules that shift the burden of proof for causation in environmental tort litigation. However, this study of 513 court decisions from the people's courts at different levels in China shows that although the court decisions usually refer to or quote the rules that shift the burden of proof, in most cases the victim-plaintiffs still bear the liability to prove whether the causal relationship exists between the pollution and the harm. This study also finds that Chinese courts defer greatly to the evaluation report in proving causation. It suggests that the court practice of adjudicating environmental tort cases in China values more the factual causation of a pollution incident than the provisions regarding proof of causation stipulated by relevant laws. Consequently, such judicial practices hinder the effectiveness of judicial remedies for pollution victims in China.

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Edited by Ed Couzens, Tim Stephens, Manuel Solis, Saiful Karim and Cameron Holley

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Edited by Eva Brems and Saïla Ouald-Chaib

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Saïla Ouald-Chaib

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Ellen Desmet

This chapter discusses methodological approaches developed in order to study human rights law integration and fragmentation from a users’ perspective. To study human rights norms in an integrated way, three methodologies are presented and compared: relational and inclusive case law analysis, rewriting (quasi-)judicial decisions from an integrated perspective on human rights norms, and analysing interactions between different branches of human rights law and general human rights law. In order to arrive at an inclusive approach to rights holders, two methodologies are put forward, namely relational and inclusive case law analysis, and a case-based approach to human rights violations. Thereinafter, the chapter analyses some methodological refinements made in the study of users’ perspectives. The study of human rights law as an integrated whole from a users’ perspective seems characterised by three common features: cross-thinking (understood as thinking across established boundaries both within human rights law and between disciplines), a focus on impact and effectiveness, and an inclination towards collaborative research. Finally, the relevance of adopting an integrated approach and/or a users’ perspective beyond human rights law is argued for and illustrated.