• Journal of Arbitration Studies
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• v.32 no.2
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• pp.85-114
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• 2022

When human rights disputes are related to the cross-border investments treaties, the investment arbitral tribunals are confronted with the question of how to adjudicate connected human rights violations. The traditional structure restricts arbitration proceedings to the parties named within an investment treaty, i.e., Investor-Claimant and State-Respondent. If human rights issues occur, States must act as proxies for citizens with human rights claims. This effectively excludes individuals or groups with human rights concerns and contradicts the premise of international human rights law that seeks to empower human rights-holders to pursue claims directly and on an international stage. The methods for intorducing human rights issues in the context of investment arbitration proceedings are suggested as follows: First, human rights arguments can be introduced into ISDS by the usual initiator of investment disputes: the investor as the complainant. Especially, if the jurisdictional and applicable law clauses of the respective international investment agreements are sufficiently broad to include human rights violations, adjudicating a pure human rights claim could be possible. Second, the host state may rely on human rights argumentation as a respondent of an investor claim. Human rights have played a role as a justification for state measures undertaken to comply with human rights laws. Third, third party interventions by NGOs and civil society groups as amici curiae may act as advocates for affected populations or communities in response to the reluctance of governments to introduce their own human rights duties into the investment dispute. Finally, arbitrators have also referred to human rights ex officio, i.e., without having a dispute party referring to the specific argument. This was mainly the case in the context of determining the scope of property rights and the existence of an expropriation. As all U.N. member states have human rights obligations, international investment laws must be presumed to be in conformity with the relevant human rights obligations.

• Journal of the Korea Society of Computer and Information
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• v.24 no.8
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• pp.143-150
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• 2019

LGBT movements have been actively taking place since the late 20th century, 24 countries around the world have fully embraced same-sex marriage as a form of marriage, and implemented it into law. Therefore in this paper, arguments and discussion on prohibition of discrimination due to homosexuality are examined and reviewed under the Constitution of Korea, by looking at the discussion on homosexuality (sexual orientation), which is currently in progress in Korea. However, First, national consensus is deemed absolutely necessary to add a new prohibition ground. Second, specifying the grounds for prohibiting discrimination should take into account historical background and demands of the "oughtness." Third, it should be noted that the grounds for prohibiting discrimination specified in the Constitution are not subject to moral judgment. Fourth, in the case where homosexuality and/or sexual orientation are specified as grounds for prohibiting discrimination, the problems that may occur must be considered. the "National Human Rights Commission Act of Korea" Article 2, Subparagraph 1 defines the concept of "human right(s)," and also in Subparagraph 3, "sexual orientation" is enumerated as an example of "discriminatory act." Therefore, "National Human Rights Commission Act of Korea" Article 2, Paragraph 3 must be deleted.

• 한국노년학
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• v.38 no.1
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• pp.143-168
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• 2018

While there were posed arguments that social treatment to older persons should be based on the perspective of human rights turning into the 21st century, policy efforts to protect and promote the rights of older persons in international community have slowly proceeded. In this situation existing studies on the rights of older persons in the international perspective have been fragmented in their contents, lacking systematic overview of policy efforts to strengthen the rights of older persons in international community. This study aims to be the one that could be such a systematic study to overview international policy efforts to strengthen the rights of older persons through analyzing the background of posing the problem of the rights of older persons, problems in existing international norms for human rights applicable to older persons, and measures to strengthen the rights of older persons and controversial issues. Existing international norms on human rights that are Universal Declaration of Human Rights, international conventions on the rights in terms of area of rights and target population, and policy recommendations, are narrow in the scope of rights to be protected, and also lack legal force in their implementation. The international community has generally reached a consensus on strengthening the rights of older persons. However, there have been two different positions: strengthening existing norms on human rights versus creating a new convention on the rights of older persons. And also there have appeared many controversial points in both positions. Conclusively this study, arguing the creation of a new convention, suggests implications for Korean society and research studies.

• Journal of the Daesoon Academy of Sciences
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• v.37
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• pp.229-262
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• 2021

The debate on the treatment of animals has accelerated as a social issue in the West since the 1970s. In 1975, Peter Singers argued in his book, Animal Liberation, that speciesism should be banned. This led to an explosion in research on animal welfare in the philosophical and social sciences. Following Singer, Tom Regan suggested considering the animal rights as being on the same level as human rights. Their arguments were that animals should be imbued with some intrinsic weight sufficient enough to remind humans of their social responsibility to animals at least to a certain degree. In this regard, social responsibility for animal welfare as well as animal rights has formed an axis that organizes human morality in modern society. Such arguments regarding animal welfare can be perceived as an active and creative effort which accords with the free will of human beings who in Daesoon Thought are understood as facing the era of human nobility. This argumentation also aligns with the doctrine of grievance-resolution for mutual beneficence as a practical creed due to the way in which modern bioethics implies that animal welfare could become a practical communal morality integrated into legal systems prior to adoption as a system of individual morality. From within this context, this study discusses the nature and limits of modern animal welfare and animal rights from the perspective of the grievance-resolution which Kang Jeungsan promised to animals.

• Journal of Families and Better Life
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• v.20 no.4
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• pp.89-102
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• 2002

Genetically modified foods may be defined as the foods deemed as safe by current technology among the many kinds of agricultural and stockbreeding products that are now under research and development using contemporary gene-modification techniques. This study examines hotly debated arguments, both for and against genetically modified- foods, in various countries. This study also investigates consumers'rights and responsibilities. Countries that are developing and exporting genetically modified organisms(GMO) have maintained that GMO can help produce more crops while reducing labor and other production-related costs, and that the genetically modified foods signify ″the second green revolution,″ which will solve future food and environmental problems by strengthening specific nutritive substances and extending shelf-life. But consumer groups, environmental organizations. and food-importing countries are more cautious about importing and consuming those foods because the potential dangers of GMO to human bodies and the environment have not been tested thoroughly yet. South Korea, following suit with others such as EU, Japan, Australia, and New Zealand, introduced a law on 'Labeling of Genetically Modified Foods', which went in effect in March, 2001, on the basis of customers'rights to make informed choices. The law takes the ″precautionary principle″ into consideration, rather than stopping at insuring ″substantial equivalence″ in developing and consuming GM foods. The actual impact of the law will depend on the level of citizens'Participation more than on the government's willingness to carry out the law. So far the level of Korean consumers'consciousness about genetically modified foods is very low. Therefore, it is hard to expect consumers to exercise their ″rights not to buy″ foods that are potentially unsafe. The Korean government must devise an effective plan to inform and educate the people about the labeling of genetically modified foods.

• The Journal of the Korea Contents Association
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• v.21 no.1
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• pp.185-195
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• 2021

This study is to criticize whether festivals as cultural activities form cultural values by questioning about the animal cruelty in Korean festivals. Changes in the social awareness of animals and the viewpoint that shifted from human-centered thinking to values of the environment and life served as an opportunity to look back on animals. This study looked at festivals using animals in Korea and especially analyzed the four major animal festivals that have been criticized. A qualitative study method interpreting opinions, evaluations, alternatives, and arguments of cultural tourism and animal rights experts was implemented by conducting interviews with experts of cultural tourism and animal rights, who have conflicting views about animal festivals. The primary topic of discussion is a sharp criticism that 'sales of products based on innocence' is a commercialized cultural value. The expression that 'wrongful traditions do not need to be protected' is an escape from the customary memory of traditions that do not create cultural values. The act of stopping the long malpractice of traditional animal violence is the very act of creating 'cultural values.'

• Asian Pacific Journal of Cancer Prevention
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• v.17 no.sup3
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• pp.239-243
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• 2016

This article investigates ethical challenges cancer patients face in the end stages of life including doctors' responsibilities, patients' rights, unexpected desires of patients and their relatives, futile treatments, and communication with patients in end stages of life. These patients are taken care of through palliative rather than curative measures. In many cases, patients in the last days of life ask their physician to terminate their illness via euthanasia which has many ethical considerations. Proponents of such mercy killing (euthanasia) believe that if the patient desires, the physician must end the life, while opponents of this issue, consider it as an act of murder incompatible with the spirit of medical sciences. The related arguments presented in this paper and other ethical issues these patients face and possible solutions for dealing with them have been proposed. It should be mentioned that this paper is more human rational and empirical and the views of the legislator are not included, though in many cases human intellectual and empirical comments are compatible with those of the legislator.