Browsing by Subject "Human Rights"
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(2020)This thesis analyzes Chinese regulation on reproductive rights. Since 1949, China’s policy on regulation of population has changed many times. The main reason behind the regulation is to coordinate with the economic and social development of China, as stated in China’s domestic laws. Though economic and social development is a legitimate aim, Chinese regulation of people’s reproductive rights may still violate international law, especially international human rights law. In the first chapter of the thesis, the author explains how Chinese reproductive rights are regulated, in order to present to the readers about the historical trace of family planning policy and provide a full picture of the ups and downs of the policy. By describing the history of China’s regulation of reproductive rights, readers may have a better understanding of the reason why China regulates people’s reproductive rights. In the second chapter, the author will discuss about China’s human rights standards and its regulation of reproductive rights. China, whose human rights standards are per se different from the western world such as the United States, usually defends itself with the human rights standards such as cultural relativism and communitarianism. With these kinds of human rights standards, the author tries to analyze if China’s regulation on reproductive rights is reasonable and if its choice of human rights standards justifies China’s regulation on reproductive rights. In the third chapter, the author will research on the legality of Chinese regulation on reproductive rights. This is the main part of the research. China has signed and ratified many international conventions and treaties which aim to protect reproductive rights and other related human rights t. In this part, the author will analyze whether China’s regulation on reproductive rights is in accordance to the international human rights law which is binding on China. In the last chapter, through the analysis of the above chapters, the author provides suggestions on how China should better comply with international law. For example, as an international trend, family planning now is becoming a human right instead of civic obligation. In order to fulfil its international obligations, China shall change its attitudes towards family planning and treat it as a service which is compulsory for the State to provide to its citizens.
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(2024)The thesis focuses on the informalization of EU external relations, particularly regarding migration governance, due to the emergence of informal international agreements in recent decades to regulate the EU's relations with third countries in this regard. This trend challenges traditional international agreements and the safeguards they provide, notably compliance with EU founding principles, especially the rule of law as outlined in Article 21 TEU. The study aims to examine how informal arrangements may disregard the rule of law across its three dimensions - institutional, procedural, and substantive - by focusing on two case studies: the Memorandum of Understanding between the EU and Tunisia (MoU) (2023) and the Joint Declaration on Migration Cooperation between the EU and Afghanistan (JDMC) (2021). These cases offer practical insights into the shortcomings of informalization. Beginning with a theoretical exploration of informalization, including its advent, motivations, and benefits, especially within the EU and in migration governance, the thesis provides a definition of informal arrangements understood as alternatives to binding international agreements. It then examines the legal framework governing international relations and agreements within the EU, with a focus on the norms, principles, and procedures functional in understating what soft arrangements differ from, and which rules they bypass. This will be carried out by relying on the rule of law as guiding principles in its three dimensions. Subsequently, detailed analyses of the MoU and the JDMC are provided, covering their legal nature, contents, procedural aspects, and the protection of human rights afforded by them. Finally, the thesis also examines the limitations of using such arrangements and the consequences of a completely unregulated informalization. The main concerns being legal uncertainty, lack of a precise legal basis, potential arbitrary power of the Commission, sidelining of the Parliament and consequent lack of democratic accountability, lack of judicial oversight by the ECJ, and inadequate protection of human rights, being particularly concerning about migration and readmission, and lack of transparency that characterizes such arrangements, from their publication to the difficulty in accessing documents related to them. In the last part space will be also given to the assets that soft arrangements may bring like efficiency, flexibility, cost-saving, and timesaving as often praised by policymakers. Ultimately, it suggests the need to explore a balance between the imperative compliance with the rule of law and the benefits of informal arrangements, as current violations of the rule of law highlight the absence of such equilibrium for now.
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(2023)A number of institutions, regulations, treaties, and courts impact how human and environmental rights are discussed, steered and enforced. The recent proposal for a Directive on Corporate Sustainability Due Diligence, published by the European Commission 23rd February 2022, is a potentially significant contribution to the directions these rights will take going forward. A particularly intriguing point about the directive is that it aims to foster sustainable and responsible corporate behaviour in the whole supply chain, often having a global reach. This extends to non-EU companies who fall under the directive by meeting certain thresholds and conditions. The directive has an emphasis on the protection of human rights and the environment not only inside, but also outside, of the European Union. To realise the governance of corporate behaviour inside and outside the EU, cross-border considerations inevitably come to the forefront and with this, an old legal concept and doctrine – extraterritoriality. This paper examines to what extent one can detect extraterritoriality at work in different fields of law, most notably how the European Court of Human Rights and the European Court of Justice have applied this notion and ultimately, to what extent extraterritoriality could be applied to the Directive on Corporate Sustainability Due Diligence. Methodologically, the paper follows a legal policy research framework with regards to analysing different approaches to which the proposed directive could base its interpretation on extraterritoriality. In line with this approach, the paper will outline and analyse; the UN Guiding principles of the on Business and Human Rights; Professor Ruggie’s Report on the Issue of Human Rights and Transnational Corporations and other Business Enterprises; the European Convention on Human rights; the International Covenant on Civil and Political Rights; recent case law of the European Court of Human Rights; case law of the European Court of Justice on competition law; the European Commission’s decisions relating to mergers and finally, recent case law of the European Court of Justice where extraterritoriality has been explicitly mentioned. The above highlighted so as to discover the level of precedence for the way in which extraterritorial jurisdiction might be construed in the coming directive. The paper will conclude by suggesting in what ways the directive could gain in extraterritorial scope and application in order to foster the protection of human rights and the environment.
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(2020)This thesis examines actual and potential human rights impacts of fashion industry. The main approach on subject is from the viewpoint of business and human rights, but corporate social responsibility and sustainability are utilised and discussed as well. Fashion industry in the thesis is defined in an encompassing manner, including productions, marketing and retailing of clothes, footwear, accessories, and cosmetics. Fashion industry is the second largest sector of industry in the world. Many different areas of human rights, recognised in international human rights instruments, are impacted directly and indirectly through actions and functions of fashion industry. ‘Race to the bottom’ and fast fashion phenomenon have pushed down the prices and quality of fashion merchandise during the past decades. Fashion industry is labour-intensive and low prices are often the result of poor working conditions and remunerations that are significantly below living wages. Child labour, forced labour, dangerous working conditions and lack of unionisation are common and result to widespread egregious human rights violations in the manufacturing and production of the raw materials in fashion industry. Industry’s use of natural resources is often reckless and wasteful, and overproduction has resulted to discarding and destroying large quantities of unsold merchandise. More direct human rights impacts, relating to fashion industry and environment, can occur through use and disposal of chemicals and dyes in the manufacturing processes that can have an affect on the living standards and health of the surrounding communities. Different forms of discrimination have been commonly manifested within the industry. There have been numerous lawsuits on discrimination and harassment in workplaces in fashion industry. Statistics, as well as researches based on interviews, show diversity to be realised poorly in the fashion business. Portraying harmful and offensive stereotypes in marketing practices and advertisement reflects problems of discrimination that are deep rooted in the company cultures of the industry and portrays lack of awareness on the issue. Right to property is often infringed in the fashion industry, since copying designs is a common custom. Most well-known cases are between major fashion labels, but in this work, the focus is on rights of small designers and on cultural property of distinct culturally unified groups of people. Taking intellectual property without permission from independent designer can potentially infringe their right to property as well standard of living and using cultural property of a distinct community can be an offensive on the group’s dignity, beliefs and traditions as well as infringement on their economic rights. In this thesis these issues are approached with a somewhat holistic manner. The main tool is the UN Guiding Principles on Business and Human Rights and a loose template of human rights impact assessment, based on the principles, but issues are processed from multiple focus points. There are currently various voluntary models for responsible business practices as well as national laws and different initiatives on corporate social responsibility, business and human right and sustainable business conduct. This fragmentation makes it essential to approach the issue with an all-inclusive method.
Now showing items 1-4 of 4