联合国国际人权两公约之背景,内容与意义

联合国国际人权两以约是国际社会在人权保护方面最重要的两个公约。两公约诉产生过程,内容和执行体系,都表明国际社会在人权保护领域既普遍的共识,也有尖锐的分歧。两公约本身即是求同存异的产物,它是尽可能地融合了东西方国家对人权的不同理解,充实和发展了《联合国宪章》中关于基本人权的内容和为人权领域的国际合作提供了国际法依据。但是,人权进行国际法领域,并不意味着可以把人权作为攻击或干涉他国内政的工具,借口不人     

What comes first,democracy or human rights?

Minimalists about human rights hold that a state can have political legitimacy if it protects a basic list of rights and democratic rights do not have to be on that list. In this paper, I consider two arguments from Benhabib against the minimalist view. The first is that a political community cannot be said to have self-determination, which minimalists take to be the value at the heart of legitimacy, without democracy. The second is that even the human rights protections minimalists take to legitimize institutions cannot be had without democracy. These rights can only be adequately interpreted and specified for any social context if the interpretations and specifications result from democratic processes. Here, I bring out some important problems with these arguments and so conclude that they do not represent a robust case for rejecting minimalism.     

Rethinking Human Rights in York as a Human Rights City

Human rights is in crisis in the UK. It lacks significant political backing and public support. This ‘insider account’ of York becoming a human rights city suggests that there is a need to rethink approaches to human rights. The article looks at the strategies adopted in the city; the annual city‐based indicator report which provides the key reference point for all local activities; and the declaration of York as a ‘human rights city’ in 2017 alongside its subsequent impact. The discussion is linked to two debates within human rights: how to define and build a culture of human rights, and what it means for human rights to be truly relevant at a local level. The new approach advocated can be summarised as participatory, locally informed, and related to everyday concerns.     

How much is citizenship worth? The case of Kyrgyzstani migrants in Kazakhstan and Russia

In the past few decades, political membership has become more complex, for example, through the proliferation of dual and multiple citizenships. Some scholars argue that, as a result, state membership may have become less relevant to individuals. In the same vein, our article argues that Kyrgyzstani migrants working in Russia and Kazakhstan have developed a pragmatic approach to citizenship. This case study, which builds upon in-depth interviews conducted in April and May 2008, is pertinent for several reasons. Labor migration from Kyrgyzstan has surged in recent years and is radically affecting the country's economy, society, and polity. Besides, Kyrgyzstan, Kazakhstan, and Russia have been separate political units for less than two decades; transnational practices and attitudes are thus not new. Our results show that for Kyrgyzstani migrants in Russia and Kazakhstan, citizenship is mainly defined in terms of concrete, short-term benefits. They have difficulties formulating what it means to be a citizen beyond the expression of a vague patriotic support. Those who have naturalized, mostly in Russia, do it for convenience purposes without attaching much affective meaning to it. Most see their stay as temporary (particularly in Kazakhstan), are not engaged in diasporic organizations or activities, and are estranged from the politics of both their home and host country.     

Human Rights in a Post‐Brexit UK

This special issue was written to reflect on the current role of human rights in the United Kingdom, seventy years after the United Nations General Assembly voted in favour of the Universal Declaration of Human Rights. Human rights are explored by the authors in this issue from a wide variety of perspectives. Some authors are critical of the failure of the state to implement human rights principles in practice; others lament how human rights often appear of little relevance to most people’s lives in the UK. The overall message, however, remains consistent: a human rights framework brings many positive elements to our country, ensuring it is a society where individuals, no matter their actions or characteristics, are treated with dignity.     

‘Kat Mai Ploi’ – bite and don't let go: motherhood and pursuits of justice in Thailand

This article examines the long-term struggles of two Thai mothers to define and attain their visions of justice: one to recover land flooded by a state dam project and the other to defy a municipal order to demolish her house for a vehicle turn-around. In particular, it studies how tropes and institutions of motherhood and human rights articulate with, and provide social and political resources to one another as these two women fight to lay claim to traditions of rights specific to Thai society.     

The Review of Victoria's Guardianship Legislation: State Policy Development in an Age of Human Rights

This article considers the Victorian government's decision to review the state's guardianship legislation and notes the significant place international human rights developments are playing in that review. The article recognises the opportunities these developments present for reworking the guardianship legislation to increase the autonomy and decision-making power of people with disabilities, but also considers the challenge these developments present to ensuring that society continues to protect its most vulnerable citizens.     

Struggles over the rights of foreign domestic workers in Malaysia: the possibilities and limitations of ‘rights talk’

Abstract

The publication of Max Weber's early lecture notes on economic theory as Volume III/1 of the Max Weber Gesamtausgabe (MWG) reveals for the first time how much his teaching in Freiburg and Heidelberg from 1894 to 1898 was influenced by the ‘modern economics’ of Carl Menger and his students, Friedrich von Wieser and Eugen Böhm-Bawerk. This review essay examines the significance of this volume, and also presents a brief history and assessment of the ongoing Gesamtausgabe project.     

Public policy and privatisation: the case of the Qatari experience

This article uses a qualitative methodology employing the elite model to describe and analyse the complex interplay of political and economic factors in the privatization experience of the state of Qatar. The article begins by providing a theoretical framework for privatisation in the context of public policy and classifying policies of privatisation into two categories: macro‐ and micro‐privatisation. The second part uses this framework to discuss the factors that gives the Qatari experience its distinguished flavour. These factors include: elite legitimacy and social culture, bureaucratic power, international pressure and patron–client networks. Copyright © 2007 John Wiley & Sons, Ltd.