Human Rights and Rule of Law: What\u27s the Relationship?

This article considers several explanations for the international human rights movement’s sudden heightened attention to rule of law.The human rights movement has increasingly encountered conceptual, normative and political challenges. Perhaps, as de Mello suggested, rule of law will be a “fruitful principle to guide us toward agreement and results,” and “a touchstone for us in spreading the culture of human rights.”We still live in a world where widespread human rights violations are the norm rather than the exception. Rule of law is seen as directly integral to the implementation of rights.Rule of law may also be indirectly related to better rights protection in that rule of law is associated with economic development, which is related to better rights performance.Rule of law is integral to and necessary for democracy and good governance. Attempts to democratize without a functional legal system in place have resulted in social disorder.Rule of law is said to facilitate geopolitical stability and global peace. According to some, it may help prevent wars from occurring in the first place. It also provides guidelines for how war is carried out, and is central to the establishment of a rights-respecting post-conflict regime.Post 9-11 concerns over terrorism have also focused attention on rule of law.In addition, rule of law provides a rhetorical basis for challenging the world’s sole reigning superpower.Taking each of these factors in turn, I critically analyze the relationship between rule of law and human rights. The relationship is complex and defies easy summary across such a broad range of issues. Nevertheless, a provisional summary that highlights some of the key findings and conclusions may be helpful. First, on the whole, rule of law is desirable. However, it is clearly no panacea for any of these problems.Second, rule of law is more useful in addressing some concerns than others. Appealing to rule of law will do little to resolve the conceptual and normative difficulties at the core of the human rights agenda.Third, the empirical evidence to support the assertion that rule of law leads to more rights and wellbeing is limited, and subject to doubts about causality. There is good reason to believe that wealth rather than rule of law is mainly responsible for better rights performance, although rule of law may also have some independent impact.Fourth, although rule of law and liberal democracy generally go hand in hand, they need not. Rule of law is possible in non-democratic states, and in democratic but non-liberal states. Rule of law may proceed, and is generally a precondition for, democratic consolidation.Fifth, we should not put too much faith in the ability of rule of law to prevent war, limit atrocities during war, or rein in a superpower bent on going its own way.Finally, rule of law is only one component of a just society. In some cases, the values served by rule of law will need to give way to other values. Invoking rule of law in most cases signals the beginning of normative and political debate, not the end of it

Doing Occidentalism in Contemporary Japan: Nation Anthropomorphism and Sexualized Parody in Axis Power Hetalia,

Axis Powers Hetalia (2006–present), a Japanese gag comic and animation series, depicts relations between nations personified as cute boys against a background of World War I and World War II. The stereotypical rendering of national characteristics as well as the reduction of historically charged issues into amusing quarrels between nice-looking but incompetent boys was immensely popular, especially among female audiences in Japan and Asia, and among Euro-American manga, anime, and cosplay fans, but it also met with vehement criticism. Netizens from South Korea, for example, considered the Korean character insulting and in early 2009 mounted a protest campaign that was discussed in the Korean national assembly. Hetalia's controversial success relies to a great extent on the inventive conflation of male-oriented otaku fantasies about nations, weapons, and concepts represented as cute little girls, and of female-oriented yaoi parodies of male-male intimacy between powerful "white" characters and more passive Japanese ones. This investigation of the original Hetalia by male author Hidekaz Himaruya (b. 1985) and its many adaptations in female-oriented dōjinshi (fanzine) texts and conventions (between 2009 and 2011, Hetalia was by far the most adapted work) refers to notions of interrelationality, intersectionality, and positionality in order to address hegemonic representations of "the West," the orientalized "Rest" of the world, and "Japan" in the cross-gendered and sexually parodied mediascape of Japanese transnational subcultures

Economic impacts of the United States of siting decisions for the international thermonuclear experimental reactor: Executive summary

This summary highlights the results of a study that examined and compared the probable short-term economic impacts of the International Thermonuclear Experimental Reactor (ITER) on the United States (U.S.) if (1) ITER were to be sited in the U.S. or (2) ITER were to be sited in one of the other countries that, along with the U.S., are currently participating in the ITER program. Life-cycle costs associated with ITER construction, operation, and decommissioning were analyzed to assess their economic impact. A number of possible U.S. {open_quotes}host{close_quotes} and U.S. {open_quotes}non-host{close_quotes} technology and cost-sharing arrangements were examined. The study examined both national and local/regional economic impacts, as measured by gross domestic product (GDP), regional output, employment, income, and net exports. These impacts represent a portion of the complex, interrelated set of economic considerations that characterize U.S. host and U.S. non-host participation in ITER

Contextualizing legal norms: a multi-dimensional view of the 2014 legal capital reform in China

This paper intends to shed light on the contentious theme of the reception of legal transplantation in the host environment, by examining the 2014 legislative reform of legal capital in China, which at least on paper imitates the enabling settings of US Revised Model Business Corporation Act (RMBCA). The paper looks at the interconnections between national-specific contextual elements, the resultant complexities, and the spillover effects of transplanted configurations in the unique Chinese socio-cultural setting, implicating the discrepancy between the ‘law in practice’ and the borrowed words ‘on the books’, and suggesting the importance of gaining a holistic understanding of ‘law’ involving the legal traditions in both the donor country and the recipient nation

Using geologic conditions and multiattribute decision analysis to determine the relative favorability of selected areas for siting a high-level radioactive waste repository

A method is presented for determining the relative favorability of geologically complex areas for isolating high-level radioactive wastes. In applying the method to the northeastern region of the United States, seismicity and tectonic activity were the screening criteria used to divide the region into three areas of increasing seismotectonic risk. Criteria were then used to subdivide the area of lowest seismotectonic risk into six geologically distinct subareas including characteristics, surface-water and groundwater hydrology, potential human intrusion, site geometry, surface characteristics, and tectonic environment. Decision analysis was then used to identify the subareas most favorable from a geologic standpoint for further investigation, with a view to selecting a site for a repository. Three subareas (parts of northeastern Vermont, northern New Hampshire, and western Maine) were found to be the most favorable, using this method and existing data. However, because this study assessed relative geologic favorability, no conclusions should be drawn concerning the absolute suitability of individual subareas for high-level radioactive waste isolation. 34 refs., 7 figs., 20 tabs