Labor Rights as Global Human Rights

Book reviewed in this article:
Edward C. Lorenz, Defining Global Justice: The History of U.S. International Labor Standards Policy     

Women's Rights as Human Rights after the End of History

This article is based on the 2022 Gender & History annual lecture. It reconsiders the recent history of women's rights as human rights. The collapse of communism in Eastern Europe and the Soviet Union brought to an end a twentieth-century discourse of women's rights, understood not only as legal norms, but as a political language harnessed to a narrative of women as a collective subject progressing towards emancipation and equality. This was enabled by an international order in which human rights were tied to visions of self-determination, social rights and strong states, creating spaces for new subjects to make their voices heard in international law, albeit in particular and circumscribed ways. After 1989, women were again written into international law primarily as victims of violence, while the emergence of gender as a category of analysis challenged the notion of ‘women’ as a collective subject of rights. The story of women's rights, the article concludes, suggests that recent revisionist histories of human rights as a neoliberal utopia are only one part of a more complex human rights history.     

旅游权利论

《马尼拉宣言》强调旅游是“人人享有的权利”,而不是政府“发给公民的福利”。但在旅游发展过程中,人们却越来越忽略了旅游的权利理念,而功利性地把发展经济作为发展旅游的单一目的,形成了旅游的不公平现象。在进入21世纪人类强调“以人为本”发展理念的今天,我们对旅游的认识,也应该由单一的功利化目的——发展经济逐步回归到旅游的本质——把旅游作为人的基本权利。在这一认识的基础上,国家和地方政府及一切社会机构,都有责任和义务为人类旅游权利的实现提供政策保障、创造物质条件,特别是对低收入群体、残疾人等弱势群体,更应该通过政策、法规等手段,保障其旅游权利和旅游愿望的实现。     

论不当得利请求权与其它民事请求权的竞合

不当得利请求权是债权请求权的重要组成部分。然而,这种请求权在我国的司法实践中却极少应用。为充分发挥不当得利请求权的功能,需理清不当得利请求权与物权请求权、合同请求权、无因管理请求权、侵权损害赔偿请求权的竞合关系。     

Calvin and Natural Rights

Abstract

This article applauds the recent rise of scholarly attention to studying the relation of religion to natural rights in general and Calvinism in particular. Against the strong belief in some quarters that appeals to nature, including the idea of rights, do not play a significant role in Calvin's thought, the article concurs with recent (and some not so recent) work to the contrary, arguing that such appeals do occupy an important, if ambiguous, place for Calvin. However, the article resists explaining the variations in his thought as the result of changing interpretations over time. Rather, it is contended that these matters were a source of tension throughout Calvin's career. He struggled not so much with the question of the natural knowledge of rights, but of the ability to choose to act on that knowledge. In conclusion, the article hints that Calvin's ambivalence on this issue sowed the seeds for significant divergence among his descendants.     

Militarism and Human Rights

Through an analysis of the impact of military spending on economic growth, the author argues that militarism and human rights are incompatible. Implementation of the economic, social, cultural, civil and political rights set out in the International Bill of Human Rights requires national mobilization of economic resources. If limited national capital is consumed in excessive military expenditures the feasibility of rights fulfilment diminishes. The article outlines initial public policies designed to limit militarism and to allow international human rights to serve as the cornerstone of domestic and foreign policy.     

孙中山直接民权思想之探析

孙中山先生在分析西方代议政体弊端的基础上,提出实行选举权、罢免权、创制权和复决权等四项直接民权。孙中山的直接民权思想在某种程度上,对保障和实现人民主权原则有着一定的积极作用,但在理论和实践中也不可避免地存在困境。     

Sami Rights and Sami Challenges

In this article the authors analyse the conflict in contemporary Sami politics in Sweden. To understand this conflict a historical perspective is necessary, and the authors reconstruct the ideas and beliefs in the public debate that has legitimized a system of Sami rights over more than a century, and analyze the challenges to these by the Sami movement. Two parallel themes are discussed: the first deals with the continuity and change of the Swedish Sami policy, where the authors show how ideas and beliefs concerning the Sami have limited the possibilities of political action. The second theme focuses on the political mobilization of the Sami in Sweden and their challenges of the established view of the Sami in official policy. One of the conclusions made is that it is of importance to grant indigenous peoples, like the Sami, some kind of secure political platform from which they could participate in the democratic procedure and legitimately counter‐act the power of the nation states in which they live.