• Title/Summary/Keyword: civil rights

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The Confrontational Co-existence of Development and Human Rights after Democratic Transition in Southeast Asia: A Civil Society Perspective (동남아시아의 민주화 이후 '개발'과 '인권'의 갈등적 공존: 시민사회의 시각)

  • Park, Eunhong
    • The Southeast Asian review
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    • v.19 no.2
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    • pp.173-218
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    • 2009
  • Bring this analysis down to people-centered development perspective and looking through democratization in the Philippines, Thailand and Indonesia, we find similarities and differences among them related with the intensity of conflicts between development and human rights in the process of democratization in line with global transformation. Civil society in the Philippines criticized the developmental path in the Philippines which failed to implement land reform and eradication of poverty under the transition from 'patrimonial oligarchy' to democracy. In Thailand the coalition of military and the royalists had consolidated its power since Sarit military regime, which later paved the way 'hybrid oligarchy' era. Most Thai civil society organizations has regarded their developmental experience rather as 'maldevelopment' which disregarded economic and social rights. It has been especially believed by Thai localists that the stimulation of local markets and the building of autonomic community society will form the alternative economy without going against the conservative banner of nation, religion and king. Thaksin as a populist successfully took advantage of Thai localist ethos in favour of taking the seat of power. He projected himself as a modernizer focused on economic growth and cleaner politics. However Thaksin's procedural legitimacy was overthrown by counterattacking from military-royalist alliance, pretexting that Thaksin caused internal conflicts and lacked morality. Soeharto's New Order regime which can be called 'administrative oligarchy' had an antipathy towards notions of economic and social rights as well as civil and political rights. In spite of the fact that the fall of Soeharto opened the political space for democratic civil society organizations which had long struggled with development aggression and human rights abuses, there have been continuously a strong political and military reaction against human rights activists, NGOs and ethnic minorities such as Aceh and Papua. Nevertheless, Indonesian democracy is more promising than Philippine's and Thai democracy in terms of comparatively less pre-modern legacies.

A Study on Opposing Rights against Assignment of Receivables in International Trade (국제무역상 채권양도의 대항력에 관한 일고찰)

  • RYU, Chang-Won
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.74
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    • pp.25-54
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    • 2017
  • Among various export financing, Assignment of Receivables is very important. Various countries make use of this method. But Korean law system had shortage of International legal system. This paper looks into Opposing Rights on Assignment of Receivables relation to legal system. And this paper analyze not only detail Korean civil law system about Opposing rights on Assignment of Receivables but also comparative other International system. There are UNIDROIT Principles and United Nations Convention on the Assignment of Receivables in International Trade. Especially, Korean civil law system of Opposing rights on Assignment of Receivables compares UNIDROIT Principles system of Opposing Rights on Assignment of Receivables or United Nations Convention on the Assignment of Receivables in International Trade of Opposing Rights on Assignment of Receivables. In the context, This paper compares Korean civil law system about Assignment of Receivables with International standard rule about Assignment of Receivables. This is good for the commercial practice party in terms of financing and receivable assignment. Thus this paper will make direction to International Trade Practicer. There are argument on method of having an action or manual about international trade practice. The purposes of this are to examine revitalizing on Assignment of Receivables. And this paper deals with improvement of International Commercial Activation.

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Interpretation as a Moral Act: Kennedy and the University of Alabama Crisis

  • Jon, Bumsoo
    • English & American cultural studies
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    • v.18 no.1
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    • pp.121-140
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    • 2018
  • Faced with a series of violent confrontations on civil rights in the State of Alabama in 1963, John F. Kennedy gave a formal speech that heralded the end of his unusually long-drawn-out aloofness from the issue. The speech marked a new phase in Kennedy's political leadership as the thirty-fifth president of the United States employed a rhetoric of moral failure, defining the University of Alabama crisis and the ensuing civil rights struggle as a threat to American federalism and national ideals. This paper employs the formal, neoclassical terms of rhetoric to analyze the distinct mode of persuasion Kennedy employs in which the former U.S. president (1) appeals to moral interpretation as a proper solution to the aggravating social situation and (2) puts an interpretation on civil disorder in Birmingham, Alabama as a major threat to national identity, rather than a regional, largely party-political question.

Practical discourse of civil democracy education in the elementary and the secondary school through the lense of competency education: based on human rights (역량교육을 통해 바라본 초·중등학교 민주시민교육의 실천적 담론: 인권을 중심으로)

  • Shin, Min-Hye
    • Journal of Digital Convergence
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    • v.20 no.5
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    • pp.813-817
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    • 2022
  • The purpose of the study was to suggest how and what human rights education goes with civil democracy education. Analysis of civil democracy education contents in the 2022 revised general education curriculum draft and that of the 2030 OECD Education project have been performed to find out what contents are necessarily included. Results are as follows: Firstly, human rights education needs to be adopted as an independent subject to be delivered with detailed and organized information. Secondly, actual experiences in diverse curricular and extracurricular activities need to be provided. Thirdly, a human rights-friendly atmosphere needs to be established to update teachers' perception and upgrade competency regarding human rights education. Lastly, it is expected that these activities facilitate adoption of human rights education curriculum into 2022 general education.

Human Rights and Civil Freedoms: Anthropological Approach in the Theory of Law in the Age of Information Technology

  • Gavrilova, Yulia;Dzhafarov, Navai;Kondratuk, Diana;Korchagina, Tamara;Ponomarev, Mikhail;Rozanova, Elizabeth
    • International Journal of Computer Science & Network Security
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    • v.22 no.11
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    • pp.199-203
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    • 2022
  • The article aims at studying the institution of human rights and civil freedoms with due regard to the anthropological approach in the theory of law. To the greatest extent, the provisions of non-classical legal science are confirmed in the Anglo-Saxon legal family, which endows the judge with law-making functions. In this regard, the role of a person in the legal sphere is increasing. The main research method was deduction used to study the anthropological approach to the institution of human rights and freedoms. The article also utilizes the inductive method, the method of systematic scientific analysis, comparative legal and historical methods. To solve the task set, the authors considered the legal foundations and features of human rights and freedoms in the modern world. The article proves that the classical legal discourse, represented by various types of interpretation, reduces the rule of law to the analysis of its logical structure and does not answer the questions posed. It is concluded that the prerequisite for the anthropological approach in the theory of law is the use of human-like concepts in modern legislation (guilt, justice, peculiar ferocity, child abuse, willful evasion, conscientiousness).

"Narrating Rights: Literary Texts and Human, Nonhuman, and Inhuman Demands"

  • Kim, Youngmin
    • Journal of English Language & Literature
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    • v.64 no.3
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    • pp.483-530
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    • 2018
  • Unpacking and dispersing rights of various kinds formerly enjoyed by a selected few has been the constant motivation behind the democratization and modernization of human society. Human rights and later civil rights have continuously been constituted and reconstituted in response to the demands of the laboring class, slaves, women, subalterns, animals, and things, expanding beyond the boundaries of class, race, nation, sexuality, gender, species and organism. Calling attention to the ways in which literary and cultural texts have narrated rights so as to inscribe these human, nonhuman, and inhuman demands. Narrating rights offer opportunities to interrogate the lasting contributions of English language and literature to questioning, reforming, and practicing rights. The interrogation is particularly pertinent in this age in which revised and dispersed rights are creating new conflicts, requiring them to be narrated differently and imaginatively so as to allow all the parties in conflict to participate in working out the conflicts. With the 2017 theme of "Literature and Human Rights," JELL editorial collective hope to explore the relationship between literature and human rights in its multiple simultaneous, and plural manifestations in an open platform. "Narrating Rights" is a double-edged task that, on one hand, reflects the singular life conditions or contexts of a human, inhuman or nonhuman being and, on the other hand, aspires to the perpetual process of rights' universal application. Eleven out of all the keynote speakers at the 2017 ELLAK Convention were invited to this roundtable on Literature and Human Rights. The following transcription includes the dialogues of the eleven discussants.

Transmission Lines Rights-of-Way Mapping Using a Low-cost Drone Photogrammetry

  • Oh, Jae Hong;Lee, Chang No
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.37 no.2
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    • pp.63-70
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    • 2019
  • Electric transmission towers are facilities to transport electrical power from a plant to an electrical substation. The towers are connected using wires considering the wire tension and the clearance from the ground or nearby objects. The wires are installed on a rights-of-way that is a strip of land used by electrical utilities to maintain the transmission line facilities. Trees and plants around transmission lines must be managed to keep the operation of these lines safe and reliable. This study proposed the use of a low-cost drone photogrammetry for the transmission line rights-of-way mapping. Aerial photogrammetry is carried out to generate a dense point cloud around the transmission lines from which a DSM (Digital Surface Model) and DTM (Digital Terrain Model) are created. The lines and nearby objects are separated using nDSM (normalized Digital Surface Model) and the noises are suppressed in the multiple image space for the geospatial analysis. The experimental result with drone images over two spans of transmission lines on a mountain area showed that the proposed method successfully generate the rights-of-way map with hazard nearby objects.

Introduction of Human Rights Arguments in ISDS Proceeding (ISDS 절차에서의 인권의 권리 주장)

  • Shin, Seungnam
    • 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.

A Study on Specialized Human Rights Education for Practicing Aviation Security Personnel's Human Rights Perspective (항공보안요원 인권관점 실천을 위한 특화된 인권교육에 관한 연구)

  • Young-Chun Kim;Min-Woo Park;Wontae Park
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.30 no.4
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    • pp.117-131
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    • 2022
  • Human rights education is to acquire understanding and knowledge about human rights, to develop values, attitudes and character that respect human rights, to develop the ability to overcome human rights violations and discriminatory acts, and to protect and promote the human rights of others. In order to prevent human rights violations of the transportation vulnerable, such as the disabled, it is necessary to develop specialized human rights education plans for aviation security personnel to practice human rights perspectives. Therefore, in accordance with the 「National Civil Aviation Security Education and Training Guidelines」, specialized human rights education should be included in the initial aviation security education and regular education courses. The point is that there is a need to reexamine the aviation security education program for aviation security personnel based on the essential knowledge and educational contents for aviation security personnel to perform security screening tasks in the aviation security education course. When this happens, various efforts must be made to improve the human rights of the transportation vulnerable, such as the disabled, during the security screening process, so that human rights violations will be significantly reduced. In particular, it is necessary to enhance the ability to detect dangerous terrorist items such as weapons or explosives that can be used for illegal sabotage through practical security screening training. For aviation security and aircraft safety, efforts to improve the quality of aviation security personnel training, such as human rights training, must be continuously made while thoroughly preparing for terrorism in advance.

The Construction and Characters of the Welfare Rights (복지권의 구성과 성격)

  • Ahn, Chi-Min
    • Korean Journal of Social Welfare
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    • v.55
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    • pp.5-25
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    • 2003
  • This study analysed the components and characters of welfare rights through discussions of the concepts and types of universal rights, and discussions of human rights and citizenship rights. Welfare rights is claims rights which requires somewhat, and it is positive rights. And it is generally passive rights, but it contains collective participation rights which is active rights. The result of total discussions of rights, human rights, and citizenship rights led us to know the components and characters of welfare rights. Welfare rights contains social rights, economic rights, and cultural environmental rights. Social rights are composed of the right of social security, social welfare service, health, education, and residency. Economic rights are composed of the right of labor, intervension of labor market, job security, and capital control. cultural environmental rights are composed of the right of culture and environment. And welfare rights has several characters. First, it is natural rights which is bestowed on the citizens or people in modern civil societies. it is samely characterised as liberties and political rights. second, it has the same values like other rights such as lberties and political rights. Or it is more important, because it is necessary for other rights. Third, it is not the objective being which is constant, but it is changed, formed and constructed as total rights with human rights and citizenship rights. Fourth, it is truely rights, but is simultaniously accompanied by obligations. But the obligations is unconditional like as other rights. Endly, levels of welfare on the welfare rights must be modicum rather than minimum. The meaning of modicum level is uncertain, but it aims to the entire participation of peoples as citizen and social integration. And it has to aim to the prevention of heridity and continuity of inequality.

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