The unheeded present and the impossible future: temporalities of relocation after Typhoon Haiyan

Recovery plans were developed for both the Philippines and Tacloban City in particular. They framed Haiyan as a climate change emergency, and sought to respond to future risks to the city and country. This focus on future recovery came at the expense of attention to the transitional needs of those worst affected by the Typhoon. International humanitarian organizations were co-opted into the government’s refusal of transitional assistance to Tacloban City shoreline residents. This was because they construed their mandate of apolitical assistance in a particular way. An alternative framing of emergency deployed by a local organization produced a very different result. In order to respond to the range of temporal needs in post-disaster situations, humanitarian actors need to be cognizant of the range of epistemic frameworks available to them.     

The Golden Week Wall

Typically,when China’s weeklong National Day holiday rolls around on October 1,I cringe at the thought of traveling anywhere outside of Beijing.Doing so requires battling crowds of unimaginable scale,when seemingly everyone in the capital,all 20 million,packs up a few suitcases with clothes and instant noodles and makes a mad dash for a train or bus station.During the past Golden Week,at least     

The impact of international human rights norms—a “law undergoing evolution”

Abstract

In this paper, the author outlines the history of, and reasons for, the growing impact of international human rights jurisprudence upon the work of judges in New Zealand, Australia, England and elsewhere in the Commonwealth of Nations. Formerly, international and domestic law were virtually entirely separate. But now, there is increasing legal authority to support the use of international human rights jurisprudence in domestic judicial decision‐making. It can be done in the application of constitutional or statutory provisions reflecting universal principles stated in international treaties. But, according to the Bangalore Principles, it can also be done where there is a gap in the common law or where a local statute is ambiguous. The judge may then fill the gap or resolve the ambiguity by reference to international human rights jurisprudence which will ensure that domestic law conforms, as far as possible, to such principles.

In its decision in Tavita, the New Zealand Court of Appeal declared this to be “a law … undergoing evolution”. The author outlines some of the impediments and problems for the evolution. But he also collects the reasons why it is a natural and inevitable phase of the common law in the current age. He suggests that judges should be aware of the developments. In appropriate cases, they should inform their decisions with relevant international human rights jurisprudence. That will at least ensure that they develop domestic human rights law in a principled way, consistently with international law, and not in an idiosyncratic fashion “discovering” new fundamental rights which may otherwise be criticised as mere judicial invention.