Asia Pacific Journal on Human Rights and the Law

Published by Brill Academic Publishers
Online ISSN: 1571-8158
Print ISSN: 1388-1906
Publications
This article assesses the freedom and fairness of the 2001 parliamentary election in Sri Lanka according to a variety of criteria, judging the effects of violence and procedural irregularity on the election outcome. Despite its ambiguity, the international right to a free and fair election, expressed through the principles of the UDHR and the ICCPR, is substantially incorporated in the domestic law of Sri Lanka. The Constitution and elections legislation recognise essential democratic and electoral rights and establish administrative procedures and judicial remedies for enforcing them. Specific controversies over electoral laws have typically been resolved within the framework of the rule of law, through either the political process or the courts, including debates about the method of voting, the powers of the Election Commissioner and the registration of parties. Referendum and emergency powers have, however, been abused to interfere with free elections in some situations. Further, recent elections have degenerated into widespread violence, intimidation and procedural irregularity, culminating in the December 2001 parliamentary election. The violent events of the 2001 election suggest that despite the formal maturity of Sri Lankan election law, the law is not being adequately enforced and deterrence, through criminal sanctions, is failing. While most police and election officials are committed to ensuring the integrity of elections, many politicians and candidates have undermined elections, in a society militarised by a protracted ethnic separatist conflict.
 
Some of the epithets employed in India to describe a beggar are “ugly face of the nation’s capital”, “obstructers of smooth flow of traffic”, “trespassers”, and “encroachers” on public land”. As for the legal definition of a beggar, it can be traced back to the Bombay Prevention of Begging Act, 1959 (the 1959 Act) which defines this as anyone “having no visible means of subsistence, and wandering about or remaining in any public place in such condition or manner, as makes it likely that the person doing so exists by soliciting or receiving alms”. Begging under the 1959 Act includes “soliciting or receiving alms in a public place, whether or not under any pretence of singing, dancing, fortune-telling, performing or offering any article for sale”. These provisions of the 1959 Act give carte blanche powers to enforcement agencies, as can be seen by the arrests of persons without warrant found begging, detention in certified institutions for a period of not less than one year, and detention for a period of up to ten years for second-time offenders. Moreover, because of arbitrary, disproportional and discriminatory enforcement mechanisms, poverty coupled with naturaldisability or frail health has also been a basis for arrest under the 1959 Act. For instance, in 1990 a shoe-polisher was arrested for presumed criminality for having “only one hand” while sleeping on the streets. On another occasion, a Tamil boy by the name of Krishnan on his first visit to New Delhi was accosted by an anti-begging squad as he looked lost and bewildered and therefore “fitted into the definition of begging”. This article posits that the 1959 Act criminalizing the poor prima facie intrudes upon due process rights and is contrary to the rule of law. It starts off with a critical discussion on the recent development in the field and regulation of the act of begging in India in the aftermath of Ram Lakhan v State.
 
One of the ways through which human rights can be protected is through international human rights treaties. This article addresses the implications of ratifying such treaties by examining the ratification of the International Covenant on Economic Social and Cultural Rights and Australia's compliance with this convention. Rather than introducing the rights in the ICESCR into law Australia has adopted an indirect method of protecting rights. This paper will analyse the effectiveness of this approach and argue that Australia's approach is not achieving substantive equality and is weakening economic, social and cultural rights. The paper will argue that legally enforceable rights are a powerful force in the protection of human rights.
 
This paper examines the history and causes of Internet censorship in South Korea, with special focus on the tension between South Korea's democratic political identity and its willingness to tolerate significant censorship of online political speech.Part I presents the problem of Internet censorship in new democracies, addressing particularly whether the Internet is more free from state interference than the hierarchical 20th century model of mass media. This question takes on particular importance as the Internet is becoming the dominant model of mass communication in many democracies, and as television and print journalism increasingly fuse with the Internet and lose their independent identities. Part II, the bulk of the paper, explores the background and political dynamics of censorship in South Korea. First it provides a brief overview of South Korean censorship during the country’s three cold war dictatorships. Second, it shows how South Korea’s post-1987 liberalization opened up its media sphere and political debate in crucial yet incomplete ways. In doing so it focuses on four key transformations: the emergence of a politically independent Constitutional Court with the power of judicial review, the establishment of a democratic system of elections that heavily restricts political expression, the incomplete rollback of government controls over print and broadcast media, and the gradual loosening of laws that restrict seditious and subversive speech. Third, it demonstrates how this incomplete liberalization has given the government cover to implement a shockingly restrictive Internet censorship bureaucracy, and how that censorship has continued even under presidents that were opposed to it. It chronicles how the strategies of the censorship bureaucracy have developed, and shows that recent developments under the administration of Lee Myung-bak have left free speech on the Internet particularly vulnerable.Finally, Part III uses the story in Part II to identify the underlying dynamics that have caused the paradox of South Korean Internet censorship. It then identifies several of the problems that face South Korea’s Internet censorship regime, which give some indication that it may not be effective or sustainable into the future. These defects in the long-term viability of South Korea’s Internet censorship regime provide some hope to those concerned with the project of e-democracy worldwide, especially in emerging and illiberal democracies. This paper then concludes with two strategies that Internet freedom activists can pursue to help undermine Internet censorship in South Korea.
 
The article reviews the role of the Supreme Court of Pakistan in dealing with the issue of missing persons. In that context, it discusses constitutional and human rights law and draws attention to the application of national criminal law for kidnappings and abductions. It reviews a person’s right to liberty, protection against arbitrary arrest and detention, and safeguards against preventive detention. It examines the emerging international law on forced disappearance of persons and highlights its notable features. It also points out the emergence of universal principles against extra-legal, arbitrary and summary executions. It further indicates the remedies available internationally but suggests the need for providing effective remedy by national courts, in particular the Supreme Court.
 
Before the Al Qaeda attacks in the us, it was hard to find support for torture in the liberal-democratic world. However, post 9/11 torture (or at least something very close to torture) was used by liberal democracies like the United States (us). Practices like water-boarding were justified by reference to the war on terror. Underneath this lies a reasoning that we have two options, some large scale act of violence and torture, and that torture is a lesser evil, exemplified by 'ticking time bomb' scenarios - if you have two options, both bad, but one is far worse than the other, the lesser evil seems a reasonable decision. This article proposes that there is a moral danger through slippage from recognising torture as a generally justified action. It explains this slippage by reference to the 'halo effect': a cognitive bias in which something is judged as permissible or good through association with non-relevant facts. Given the current risks of domestic terrorism, the article argues that we need to learn from the us example post 9/11 to ensure that we avoid justifying uses of torture in non-exceptional circumstances.
 
9/11 introduced a new phase in us foreign policy launching the war on terror. Integral to this new us global counterinsurgency was the use of torture as technique deployed to save us lives threatened by international terrorism. President George Bush's declaration in 2001, 'Either you are with us, or you are with the terrorists' expresses the logic of counterinsurgency strategy to divide the world into friends and enemies. The division of the world into friends and enemies is based on asymmetrical counterconcepts based on the negation of the 'Other'. This article argues that the legitimation of torture in the Cold War and Post 9/11 eras arises from imperial/global politics based on a counterinsurgency, terror and torture nexus. Through an analysis of the role of torture in Cold War us counterinsurgency policy in Latin America it argues that torture was a technique of governance to produce victims and forge new political subjectivities. In the Latin American dictatorships abduction, detention and secrecy created legal voids that allowed torture. Post 9/11 global counterinsurgency practices are differentiated between geographical zones identified as the zone of integration and zone of intervention. It is in the zone of intervention that torture has been deployed as a technique in which the distinction between civilian and terrorist has become blurred. It argues that Obama's failure to close Guantánamo Bay prison as promised reveals that global counterinsurgency continues and that the issue of the us military or intelligence resort to torture remains live despite legal and political attempts to stop it.
 
The Thirty Years' War led to enormous devastation, but it also induced widespread movement and led to encounters of people with different faiths and mindsets. Accounts of members of religious orders in Bavaria note not only brutality but also curiosity and exchange of knowledge in these meetings of people from diverse countries and cultures. Their stories attest that, in some cases, religious stereotypes could recede and provide space for new ways of seeing and knowing.
 
The formal justice sector in Sri Lanka is almost entirely reliant on physical interactions within the courtroom. Sri Lanka has committed to providing access to justice for all under both domestic and international law. Unfortunately, substantive access to justice for all continues to elude the marginalised. The global pandemic which emerged in January 2020 has thrown a further challenge on this already burdened system. The litigants, lawyers and judges who had relied on an already flawed system are now further physically distanced from the formal justice system. This means that these actors must now seek to ensure that access to justice is restored, albeit without full physical access to courtrooms. This article examines how Covid-19 challenged the dispensation of substantive justice in the formal justice system in order to suggest ways to mitigate these challenges. It discusses the challenges faced by lawyers and litigants during the period 14 March to 15 November 2020. This includes how the physical aspects of dispensation of the day-to-day caseload were resolved, and the strategies that were practised by lawyers, judges and litigants to circumvent these obstacles and challenges. Drawing on postcolonial feminist critique, information gathered through both primary data (gathering of qualitative and quantitative primary data) and secondary data (desk review of laws, regulations and rules), this article attempts to obtain insights into what challenges were experienced by marginalised communities and how these challenges were mitigated by the justice sector. The author applies the strategies used by persons who engaged with courtrooms in the midst of Covid-19 to the theoretical definitions of what justice should look like in an equal society. The article arrives at an understanding of the dispensation of justice during the Covid-19 pandemic.
 
Although Christian, Jewish, and Zoroastrian minorities form less than two per cent of the Iranian population, the recognition of their official rights and the institutionalised legal discrimination against them has been a matter of a long conflict between minority rights activists and Muslim jurists since the Constitutional Revolution in 1905. The major part of this controversy relates to the assumed status of non-Muslims in traditional Shi’a jurisprudence. The present study examines and assesses the recognised status and rights of religious minorities in the two constitutions of 1906 and 1979 and their development. Although, due to the formation of new recitations in Shi’a jurisprudence, some changes have been made in identifying the fundamental rights of religious minorities, the domination of the general spirit of the rulings in Shi’a jurisprudence in the formulation of both constitutions means there is still a long way to go before recognising equal human rights for all.
 
This article examines the implementation of the Association of Southeast Asian Nations (ASEAN)'s Convention on Counter Terrorism (ACCT) 2007, which came into force in May 2011. The human rights safeguards provided by ACCT 2007 and the political feasibility of its implementation by its Member States are explored. The article examines the motivation of ASEAN in introducing ACCT 2007, and the objectives and measures of the Convention in the context of the region's security and human rights needs. The article looks at the comparative strengths and weaknesses of ACCT 2007 and how it may develop and influence both policy and human rights in the coming years. The ASEAN region is politically and culturally diverse, making effective implementation of the Convention an on-going challenge.
 
The rule of ‘Li’ ( De-Zhi ), which embraces the spirit that morality and law are one, historically underpinned China’s legal institution. Even though it is no longer recognised in Taiwan’s legal institutions, it still influenced judges when they had to decide whether a court-ordered apology should be constitutional. A critical analysis of Judicial Yuan Interpretation No. 656 [2009] through the lens of Hans Kelsen’s pure theory lays bare the quandary facing the judiciary in a Confucian society, that whilst the judiciary appreciated the merits of the rule of law, it hesitated to tell the people that morality is not law.
 
This article evaluates the 2019 street protests in Hong Kong following the proposal of the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019, in light of the constitutional settlement of the region. Firstly, it examines the ‘constitutional morality’ of Hong Kong, that is, the moral principles underlying its foundational claims to moral authority. Secondly it analyses whether the Administration’s ‘legitimacy claims’ – its rational-normative arguments for obedience to law – follow from these constitutional moral principles. Concluding that the legitimacy claims of the Administration pursuant to the Bill proved morally unintelligible, this research finds that protest action by citizens was a logical and rational response to a perceived legitimacy claim failure. It suggests that similar protests are likely to occur for the foreseeable future given the instability of the region’s constitutional morality.
 
This article investigates why some states in the Asia Pacific have retained capital punishment, while others have abolished it, either de facto or de jure. In contrast to existing theories, it is theorised that governments conduct cost-benefit calculations considering both domestic support and international pressure for abolition, then formulate their death penalty policy based on the lowest cost scenario. This theory is tested by applying controlled comparison and process tracing analysis to three cases: Cambodia, South Korea, and Indonesia. These case studies demonstrate that pressures from domestic and international political audiences are determinative in states’ decision-making processes regarding capital punishment.
 
While the decentralised system adhered to by Indonesia has allowed the central government to delegate its affairs to local governments and has brought benefits for democracy, several issues are open for improvement. One of the areas allocated to local governments is housing and settlements. There are indications that in some cases the local governments fail to provide access to public housing for outsiders, who are also vulnerable to eviction and resettlement. This article discusses legal regulations and examples of housing policy at the national level. Moreover, it assesses general practices of four Indonesian local governments: Jakarta, Surabaya, Jogjakarta and Surakarta, concerning access to public housing for outsiders. The article investigates whether the four Indonesian local governments unintentionally facilitate indirect discrimination or legally limit the right to housing for the purpose of promoting the general welfare. The analysis is based on the prohibition of indirect discrimination related to the right to housing in the International Covenant on Economic, Social and Cultural Rights (icescr), General Comments and Concluding Observations.
 
This article aims to analyze the defendants' right to access a lawyer in criminal law, as defined in international legal standards, and determine the extent to which the legislation of Lao pdr complies. This study finds that Lao law is consistent with international law as regards the defendant's right to gain access to a lawyer, for instance, as enshrined in the National Constitution, Criminal Law, Civil Law and the Law on Lawyers. However, this article will argue that defendants are not aware of their rights due to poor economic resources and the lack of information on the availability of legal aid services and how to access such services. On the other hand, defendants are unable to implement their rights effectively due to the limited and incompetent protection offered by lawyers. Additionally, legal practitioners and local authorities are not familiar with and accepting of the relevant legislation.
 
Legal implementation has always been a challenge in Bangladesh. The Right to Information Act 2009 (the rti Act) was introduced in Bangladesh with the objective of ensuring people's access to government information for improving accountability and empowering people to participate in decisions that shape the social, economic, and political aspects of their lives. However, this article suggests that there has been no significant improvement in accessing government information despite the enactment and the strategies for the implementation of the rti Act. Most citizens are unaware of their legal entitlements to seek and receive information. Only a small number of applications have been registered with public offices since the rti Act was introduced in 2009. The article argues that one of the main reasons behind the lack of improvement is that the chosen implementation approach fails to engage the public to exercise their right to access information related to government services. This article claims that a proactive and deliberative approach to information disclosure is a much better alternative to the current scheme for implementing the rti Act.
 
The right to education is an important fundamental right for all Lao citizens and is regarded as one of the priorities of development in Lao pdr . The Lao pdr realizes the importance of education for all as a significant tool to help the country graduate from the least developed country status in 2020. Primary and tertiary education is therefore one of the Lao pdr Government’s priorities. This research analyses the existing rights of children to access primary education in Vientiane Province, the education system in Lao pdr and its education policy for all children. The researchers conducted an in-depth review on the actual implementation of children’s access to education in Vientiane Province, identifying barriers to the full implementation of education policy in the province as well as other important external factors for education. Recommendations are made for increasing children’s access to education, thereby improving the right to education in the state and building a much stronger foundation for the development of Lao pdr .
 
When studying accountability for human rights violations in Cambodia, it is crucial to understand the role human rights non-governmental organisations ( ngo s) can play in holding duty-bearers accountable. This article consists of two parts. The first traces how some prominent Cambodian ngo s use the language of human rights and which issues they prioritise. The analysis shows that issues related to civil and political rights dominate their discourse, while there is remarkably little attention to issues relating to economic, social and cultural rights. This prioritisation is not rooted in popular priorities, nor can it be adequately explained by referring to mainstream theories of donor influence or professionalised elites. To better understand where these priorities come from, the second part of the article examines the Cambodian transitional justice process. This analysis shows a significant overlap between the priorities of the selected ngo s and those of the Extraordinary Chambers in the Courts of Cambodia ( eccc ). It is therefore argued that transitional justice mechanisms, like the eccc , may have an agenda-setting power far beyond what is commonly assumed. In this specific case, this influence raises questions about accountability for past and on-going violations of economic, social and cultural rights.
 
As a country that has ratified core international human rights treaties, Sri Lanka has an international obligation to ensure that its higher education sector meets the standards set out in those treaties. However, due to a lack of normative recognition accorded at constitutional, legislative and policy levels, attempts at conformity with the aforementioned standards have been ad hoc and reactive. Consequently, whereas quality assurance mechanisms pertaining to state institutions are still in formative stages, private educational institutions have sprung up in the country without any effective scrutiny as to quality. The main method of challenging the standards of private institutions has been to reject the graduates from the said institutions. This article explores the parameters of higher education as a state obligation under international human rights law, whereby the state is required simultaneously to be a provider of higher education and a facilitator of other providers to ensure that availability, accessibility, acceptability and adaptability of higher education are upheld. Establishment of a mechanism equipped to make human rights based transformations to the higher education sector of Sri Lanka is suggested to redress the deficiencies in setting standards for private higher educational institutions by the state.
 
Germans were active in constructing transcultural experiences on a global scale - for better or worse - from Martin Waldseemüller's 1507 map on. Most of those who have been studied were men, but women traveled and migrated as well, and they supported those who did financially, institutionally, and emotionally. Their movements and actions have left fewer and more shadowy records than those of men, but a more gender-balanced account of global connections in the early modern period is emerging. This essay examines three ways in which German women's actions shaped the early modern world in the realm of religion: women's establishment of religious communities, women's patronage of overseas missions, and women's proselytizing, particularly that undertaken by Moravians. All of these built on networks and traditions established in Europe, but ones that already reached across political boundaries in the splintered world of the Holy Roman Empire, or beyond it to co-religionists in Prague, Paris, or Copenhagen.
 
The Philippines had been a State party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment for over two decades before implementing legislation was passed. This note reviews the substantive provisions of the implementing legislation and assesses whether they comply with the Philippines’ international treaty obligations.
 
Welterleben and Weiterleben are what determine the second globalization (of four previously explored) whose constantly accelerating dynamic, vectorization, this essay explores. On the basis of selected writings of Georg Forster, Alexander von Humboldt, and Adelbert von Chamisso, the author highlights the increasing speed with which knowledge, especially in the experiential sciences, is produced and disseminated following the routes of ever-widening trade speeded along by globalization. The notion of 'vectopia' stands for the connection of utopia and uchronia in space and time in such a way that the experience of the world, expanded worldwide, contains within it a Weiter-Leben, a 'living-further' that is to be understood first in a spatial, and not yet temporal, sense, of what Forster called Erfahrungswissen, or 'experiential knowledge.' Vectopia, as elaborated here, has a material dimension that relates to the physical person, the body, the experience of the world that cannot occur without the constant changing of place, without a journeying that is again and again recommenced. Vectopia develops the projection of a life not from space or from time alone, but by their combination. Vectopia is more than a concept, it is a thought-figure: it is vitally connected to life, and thus a life-figure. It opens itself to a type of knowledge that stands almost at the threshold of a further life, indeed, of a Weiterleben that, opening itself to a 'living-onward,' resides beyond space, time, and movement.
 
This article examines how a right to health, expressed as a minimum core obligation under international law, can be advanced within the constitutional framework of Bangladesh. Reinforcing this right is important within the post-2015 Development Agenda under the United Nations Sustainable Development Goals. Drawing upon examples of other jurisdictions to develop minimum core obligations of a right to health, it is argued that courts have a key role to play in actively enforcing a right to health to benefit poor, vulnerable and marginalised people. This article proposes that judicial adherence through interpretation of domestic and international law may provide the best mechanism to promote a right to health as a minimum core obligation in Bangladesh.
 
This article examines the admissibility test in Hong Kong for evidence obtained in breach of a defendant’s constitutional rights. The objective is to better understand the legal principles which form the foundation of the three-element admissibility test formulated by Bokhary PJ in the Court of Final Appeal’s decision in HKSAR v Muhammad Riaz Khan. To achieve this objective, this article examines judicial and legislative developments of the admissibility test in Hong Kong and in other common law jurisdictions. The principle finding of this article is that the three-element ‘Riaz Khan test’ represents a welcome further development of the admissibility first test laid down by Ma CJHC in HKSAR v Chan Kau Tai.
 
Women fleeing Myanmar in 2015 were trapped on the Andaman Sea for months when States in the region closed off places of disembarkation. Among the horrors of starvation and unsanitary conditions experienced on the boats, they faced additional risks of sexual violence. These women fled from a situation in Myanmar that severely curtailed their rights, including gender violence, which is being tried as genocide at the International Court of Justice, and were exposed to further violations while fleeing. Through interviews with survivors of the journey and those who assisted them, this article describes the experiences of these women at sea. It outlines the failure of States to apply customary principles of international law and related regional standards to protect these women. From a feminist legal theory perspective, it explores the reasons for these failures and recommends reforms to guarantee better protection at sea for women in the future.
 
Food adulteration in Bangladesh is rampant and an increasingly serious concern for its residents. Several studies including those of the Directorate General of Health Services reveal that hundreds of people are getting killed every year eating adulterated foodstuffs and no one seems to have any real concern about such a life-threatening wrongful act. Food adulteration is criminally prohibited, but the wrongdoers care little about this proscription simply because of the continued apathy of the governmental agencies concerned and implicit acceptance or insensible ignorance of consumers. However, the current fragmented legal and regulatory regime for food safety in Bangladesh falls short of international standards. This article demonstrates that the Government of Bangladesh is obliged to prevent food adulteration and to punish perpetrators under its international as well as constitutional obligations. It is also submitted that effective regulation of such an endemic malfeasance entails weakening the offenders by adopting international standards and educating the consumers at the same time.
 
This article examines the influence and interpretation of international law in Australia's policy and conduct regarding captured individuals during the recent Afghanistan Conflict. By critically analysing declassified government documents, Parliamentary statements, and original interview data with former Foreign Minister and Defence Minister Stephen Smith, I advance a two-pronged argument. First, contrary to what other sombre studies of the anti-torture norm might predict, Australia's understanding of fundamental international legal rules pertaining to captured individuals in armed conflict - including the humane treatment principle and the prohibition on torture - helped regulate its policies and actions during the Afghan war. By regulate, the article posits that Australia's policies and behaviour were governed or controlled in part by a felt sense of legal obligation among some key policy-makers. Second, like its allies Britain and Canada, Australia claimed it did not formally detain individuals during the initial years of the Afghanistan Conflict, even though it appears to have factually captured and transferred some people to United States (us) and Afghan authorities. As the war dragged on, and Australia's troop contributions increased and local hostilities worsened, Australia - again like its allies - relied on detainee agreements and changed its conduct to try to protect captured individuals and transferees from abuse. Despite such agreements and changes, critics contend that transferred captives faced a significant risk of torture in Afghan jails, particularly those run by the country's intelligence agency. This suggests that state and non-state views of what the prohibition on transferring to possible torture requires in practice are less settled than related shared understandings of other fundamental prisoner protections in international law and armed conflict.
 
Abtract This essay concerns the newspaper Stolbergische Sammlung neuer und merckwürdiger Weltgeschichte (1735, 1736, 1738), as published by Schnabel, as well as the novel Insel Felsenburg . It focuses on the relation between the production of knowledge and narration. Schnabel’s methods as a newspaper editor are compared with contemporary usage as well as with his narrative technique as a novelist. It is significant how Schnabel makes use of narrative strategies not only in the small news items in the category “Sonderbare [Weltgeschichte]” but also in order to create a coherent narrative in the political sections of his newspaper, spanning longer periods of time.
 
Against a backdrop of toughening governmental stances towards refugees, migrants, and stateless persons in the Asia-Pacific region, there is a renewed urgency to consider possibilities for the expansion of protection and access to rights and services to those who normally face exclusion. Drawing on national case law, policy developments and other practices in six major host countries in the region, this article highlights instances in which, despite not being party to the 1951 Refugee Convention, states have extended rights to non-citizens and thereby signalled acceptance of key refugee rights norms. In examining these precedents, the article demonstrates the possibility of expanding protection outside of the international refugee law framework, and intends to provide inspiration for the progressive realisation of rights for displaced Rohingya communities across the region, as well as for other non-citizen communities facing similar challenges.
 
The aim of the article is to present, as well as to analyse legally, the situation of the indigenous population of Rapa Nui in the territory of Chile. Rapa Nui, officially called Easter Island, is an island in the Pacific Ocean basin. It was illegally annexed by Chile in 1888; since then, violations of the rights of native peoples have been observed. The legal-political situation of Rapa Nui (also the name for the inhabitants of Easter Island) is challenging due to the Chilean government’s actions towards them. Instances of human rights breaches can be seen in, inter alia , the failure to respect the right to self-determination as well as the right to environmental protection. The article will also consider breaches of very basic human rights by the Chilean government such as the rights to freedom of speech and assembly. The article firstly examines the actual situation in which the indigenous people of Rapa Nui find themselves. Secondly, such analysis will consider the legal situation, in light of both regional (i.e. American) and universal norms. These legal frameworks provide an explicit legal basis that can be used to improve the problematic position of Rapa Nui. The American regional norms, however, are still at the stage of creation and execution. There are a series of judgments from the Inter-American Court of Human Rights, which de jure can help the people of Rapa Nui in regaining their freedoms, primarily their right to protest.
 
There is a dynamic interplay between the State’s assertion of sovereignty over its territory, and the indigenous peoples’ claim over their traditionally owned seas. As experienced by the indigenous peoples in the Philippines and Australia, this dynamism is about lobbying for the recognition of their native title over ancestral seas, which includes their traditional fishing rights, and facing State interference with their affairs in managing these so-called sea countries. In this context, this article argues that there is sufficient basis for the recognition of an ancestral sea under the core human rights instruments, particularly through the lens of the indigenous peoples’ right to self-determination, right to enjoy or manifest culture, and right to protect their means of subsistence. It further argues that the State has a positive obligation to promote the realisation of ancestral rights, despite the Law of the Sea regime’s strong position on State sovereignty and sovereign rights, as well as a State duty in protecting and preserving the marine environment condition. Hence, there should be greater recognition of the role of indigenous peoples in managing the marine ecosystem of their ancestral seas.
 
This essay examines the ways in which three related works set and thematize knowledge in motion: Antonio de Eslava's Spanish original, Noches de Invierno (1609); Mat-thäus Drummer von Pabenpach's German translation thereof (1649); and Johann Beer's Teutsche Winternächte (1682). It interrogates the material book as a vehicle of knowledge transfer and text - in the form of storytelling, conversation, and autobiography - as a means of producing, circulating, and cementing received and new knowledge. Finally, it reveals the role of gender in knowledge creation and sharing.
 
Do generic observers in their free-style viewing of postcard-size pictures have a preference for specific modes of perspective rendering? This most likely depends upon the phrasing of the question. Here we consider the feeling of ‘presence’: does the observer experience a sense of being ‘immersed in the scene’? We had 40 Italian naïve participants and 19 British art students rate three types of rendering of ten ‘typical holiday pictures’. All pictures represented 130° over the width of the picture. They were rendered in linear perspective, Hauck maps, and Postel maps. The results are clearcut. About a quarter of the participants prefer linear perspective, whereas the Hauck map is preferred by more than half of the participants. Naïve observers and art students agree. Architectural scenes are somewhat more likely to be preferred in perspective. Preferences are not randomly distributed, but participants have remarkable idiosyncratic affinities, a small group for perspective projection, a larger group for the Hauck map. Such facts might find application in the viewing of photographs on handheld electronic display devices.
 
Top-cited authors
Yash Ghai
  • The University of Hong Kong
Fernand de Varennes
  • Université de Moncton
James Munro
  • University of Melbourne
Sumaiya Khair
  • University of Dhaka
Susanne Allden
  • Linnaeus University