Benoît Mayer National University of Singapore, Singapore
Eu Tong Sen Building, 469G Bukit Timah Road, Singapore 259776.
Corresponding Author: bmayer@nus.edu.sg
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Over the last decade, 350,000 people have moved from Mongolia’s countryside to the suburbs of its capital, Ulaanbaatar, where they live in abject poverty despite the rapid economic development of the country. This article proposes three complementary international legal analyses of this internal migration. First, because this migration is partly and indirectly induced by the adverse impacts of climate change, States have a common but differentiated responsibility to assist the Mongolian government to address climate migration. Second, Mongolia should bear its own responsibilities to take steps to realize the social and economic rights of its population without discrimination. Third, Mongolia’s commercial partners should be warned against any control or influence that would cause harm to Mongolia, in application to public international law on State responsibility and to States’ extraterritorial human rights obligations. While each narrative reveals an important dimension of a complex phenomenon, this article argues that all policy levers must urgently be pulled to guarantee the rights of Mongolia’s internal migrants.
Keywords : Mongolia, Migration, Narratives, Climate Change, Development, Geopolitics, Environment, Human Rights.
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2014.7.1.10
2015년 12월 16일 수요일
2015년 12월 15일 화요일
Rule of Law as a Framework within the ASEAN Community
Joel Ng Nanyang Technological University, Singapore
S. Rajaratnam School of International Studies, Block S4, Level B4, Nanyang Avenue, Singapore 639798.
Corresponding Author: kj.joel.ng@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
As the ASEAN moves towards its vision of a 'Community,' enforceability and consistency of legal standards, broadly the "rule of law," have drawn attention due to their impact on the predictability of social environments, with consequences for markets, people, and policy makers. This paper draws together recent findings and suggests ASEAN States have made significant progress but remain in a state of transition. These findings support Barry Weingast's prediction that developing countries are more likely to create consistent rules and move to "open access orders" in line with requirements for development, rather than install artificial enforcement mechanisms before growth.
Keywords : Rule of Law, ASEAN, Predictability, Human Rights, World Justice Project, ASEAN Community Vision.
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2012.5.2.01
S. Rajaratnam School of International Studies, Block S4, Level B4, Nanyang Avenue, Singapore 639798.
Corresponding Author: kj.joel.ng@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
As the ASEAN moves towards its vision of a 'Community,' enforceability and consistency of legal standards, broadly the "rule of law," have drawn attention due to their impact on the predictability of social environments, with consequences for markets, people, and policy makers. This paper draws together recent findings and suggests ASEAN States have made significant progress but remain in a state of transition. These findings support Barry Weingast's prediction that developing countries are more likely to create consistent rules and move to "open access orders" in line with requirements for development, rather than install artificial enforcement mechanisms before growth.
Keywords : Rule of Law, ASEAN, Predictability, Human Rights, World Justice Project, ASEAN Community Vision.
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2012.5.2.01
Singapore and the Universal Periodic Review: An Unprecedented Human Rights Assessment
Mahdev Mohan Singapore Management University School of Law, Singapore
School of Law, SMU, 60 Stamford Road Level 4, Singapore 178900
Corresponding Author: mahdevm@smu.edu.sg
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Singapore will soon submit a national report to and subsequently appear before the UN Human Rights Council for a universal periodic review of its human rights laws and practices. This review will elicit a rare and unprecedented expression of whether and how Singapore feels it has adhered to international human rights law, and ways in which it may further refine or calibrate its domestic practices. This article seeks to identify Singapore's human rights achievements; highlight challenges it should be prepared to address; and recommend measures it should adopt to promote human rights.
Keywords : International Law, Human Rights, Universal Periodic Review, Death Penalty, Due Process, Access to Justice, ASEAN.
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2010.3.2.05
School of Law, SMU, 60 Stamford Road Level 4, Singapore 178900
Corresponding Author: mahdevm@smu.edu.sg
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Singapore will soon submit a national report to and subsequently appear before the UN Human Rights Council for a universal periodic review of its human rights laws and practices. This review will elicit a rare and unprecedented expression of whether and how Singapore feels it has adhered to international human rights law, and ways in which it may further refine or calibrate its domestic practices. This article seeks to identify Singapore's human rights achievements; highlight challenges it should be prepared to address; and recommend measures it should adopt to promote human rights.
Keywords : International Law, Human Rights, Universal Periodic Review, Death Penalty, Due Process, Access to Justice, ASEAN.
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2010.3.2.05
Health as Human Rights under National and International Legal Framework: Bangladesh Perspective
Md. Ershadul Karim Chancery Research and Consultants Trust, Bangladesh
Suite # 1101, Concord Tower, 11th Floor, 113, Kazi Nazrul Islam Avenue, Dhaka, Bangladesh.
Corresponding Author: ershadulkarim@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Few would dispute that good health is fundamental to a full and active life. It is the key to wealth and prosperity. Good health contributes directly to economic growth while poor health drives poverty. The right to health is considered directly in many international instruments including the World Health Organization. Every single country in the world is now a member of at least one of the many international instruments where health is treated as a human right. Sound health is a pre-condition to enjoy right to live peaceful. This right to health is guaranteed by the Constitution of the People's Republic of Bangladesh. If anybody in Bangladesh is deprived of enjoying his life then he can go to the court in order enforce his right. This paper aims at giving an overview of legal and regulatory framework of different international legal instruments and national laws of Bangladesh relating to healthcare and shares the response of Bangladesh Government in relation to the framework.
Keywords : Health, Human Rights, World Health Organization, Fundamental Rights, Fundamental Principles of State Policy, International Human Rights Instruments, Laws of Bangladesh
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2010.3.2.04
Suite # 1101, Concord Tower, 11th Floor, 113, Kazi Nazrul Islam Avenue, Dhaka, Bangladesh.
Corresponding Author: ershadulkarim@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Few would dispute that good health is fundamental to a full and active life. It is the key to wealth and prosperity. Good health contributes directly to economic growth while poor health drives poverty. The right to health is considered directly in many international instruments including the World Health Organization. Every single country in the world is now a member of at least one of the many international instruments where health is treated as a human right. Sound health is a pre-condition to enjoy right to live peaceful. This right to health is guaranteed by the Constitution of the People's Republic of Bangladesh. If anybody in Bangladesh is deprived of enjoying his life then he can go to the court in order enforce his right. This paper aims at giving an overview of legal and regulatory framework of different international legal instruments and national laws of Bangladesh relating to healthcare and shares the response of Bangladesh Government in relation to the framework.
Keywords : Health, Human Rights, World Health Organization, Fundamental Rights, Fundamental Principles of State Policy, International Human Rights Instruments, Laws of Bangladesh
The Full Text is available at: http://dx.doi.org/10.14330/jeail.2010.3.2.04
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