Blog about human rights, environmental rights, animal rights, veganism, justice, LGBT, politics, the news, IR, current affairs, society, philosophy, well-being and spirituality in general. I am also the author of Nix, Freya and Durga deserts... available on the same website.
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Thursday, May 3, 2018
Transgender's enforcement building: the children who are operated because they identify to a fake and permissive notion of what is adequate for the opposite sex, are the victims of pro-Nazi, pro-eugenics promoters.
Wednesday, May 2, 2018
China 'Social Credit Score system', censorship, Tibet invasion and others, organ harvesting.
China expansionism, industrial espionage, Tibet invasion and others, organ harvesting.
Tibet Situation : Critical - Full Documentary. Tibet Documentary by Jason Lansdell
https://www.youtube.com/watch?v=mqdQtwFjeMY
Tibet The Story Of A Tragedy
https://www.youtube.com/watch?v=0VRneGYpaXc
Why There is No Free Tibet | China Uncensored
https://www.youtube.com/watch?v=w2q0r2DAs6k
C: Dalai lama is to be chosen by the communist party next time!
THE YOGIS OF TIBET - Rare Documentary Film
https://www.youtube.com/watch?v=GrWhX1BixBk
C: it is only my interpretation, but what I feel the dalai lama said, is that he has been forced to lead a political life when he could not live the spiritual one that a dalai lama is meant to live, in Tibet.
The source of water for a massive part of asia. The one that should have remained unspoilt by any means.
His spirituality would want its leader to be impassable, but being in his situation over Tibet and balloted the way this sacred land is- and the people retaining a traditional live, only able to preserve the god mountain from the rotten attitudes that people have attached to this illusion of modernity, must be completely overtly excruciating.
Has China really stopped obtaining organs from executed prisoners?
https://www.youtube.com/watch?v=khpmkNfx0Rk
Forced organ harvesting in China has taken place ‘on significant scale,’ tribunal finds
https://www.youtube.com/watch?v=nM1ZzWeshFk
Surgeon Forced to Kill for organ harvesting by China Regime | NTD
https://www.youtube.com/watch?v=MZXRobpNsHA
'Overwhelming' evidence of Chinese government is running organ harvesting
https://www.youtube.com/watch?v=SyZschwFN-c
Red Reign | Execution of the Falun Gong (China Documentary) | Reel Truth Crime
https://www.youtube.com/watch?v=V91oAp8LjjM
Organ harvesting links pressure Australian university
https://www.youtube.com/watch?v=bPVnKino1iw
WARNING: Gutter Oil In China Used In Street Food
https://www.youtube.com/watch?v=lJOLCvPm5Dg
China's Horrendous Electronic Trash Dump
https://www.youtube.com/watch?v=pmryr65iTwM
C: Every thing there is on this page, linked with pollution I saw. I was researching documentaries about the amount of garbage in poor quarters in all the cities I visited, the amount of rubbles that is never picked up by the authorities, that is the communist party. They leave people living on top of rubbishes that are never collected. In towns as in countryside, near lakes, hills. Hills that they bombed to make the land even and arable. The red terra Cota of china open her wound that bleed and bleed and bleed on, till they will manage to get all the poor people from the countryside into dirty cemetery towns and that the party of course take the part of the country, like in Europe, where there is still a tree and a water that is not littered with refuse.
(and corpses? = sip seep the poison that this generate will be the worst ever scourge on humanities ever I would suggest. Nature knows now.
C: just to clarify my position between china and Hong-Kong, is that someone needs to be also anti-capitalist, but anyway it is not china any longer able to lodge even the faintest claim towards that heroic aspirations.
Humans that are protected won’t be able to pray for the humans such as them anylonger but for the planet. As for the humans that see that and endure that everyday, this system would ensure that they produce the poison- the only trick they found is for us to ingest it. Wherever one is. Or so it seems, but the ones that is at the worst receiving end have no chance to survive it.
How the Chinese Communist Party infiltrated Australia's universities | Four Corners
https://www.youtube.com/watch?v=JpARUtf1pCg
China Pushes “Happy Tibet” Propaganda in US Libraries
https://www.youtube.com/watch?v=_58dpETcoTg
Tibet: Under threat from extreme climate change impacts
https://www.youtube.com/watch?v=aFQ0twQ-d2s
Dining on Dogs in China: Dog Days of Yulin (Part 1/2)
https://www.youtube.com/watch?v=589NAoC9Q6Y
The Observers: China garbage cleanup
https://www.youtube.com/watch?v=BaUpf1FS3WI
South China dam swimming in massive trash
https://www.youtube.com/watch?v=8mNV1GqLuiA
Collecting for rent in pricey Hong Kong, one cardboard box at a time
https://www.youtube.com/watch?v=uLr2o5oaPNE
Live Animal Keychain in China(ANIMAL CRUELTY)
https://www.youtube.com/watch?v=GtKUBqtdcmU
China: live turtles in bags sold as key rings
https://www.youtube.com/watch?v=4PRehnzNzjM
LIVE ANIMALS BEING SOLD (TRAPPED) INSIDE KEY RINGS IN CHINA
https://www.youtube.com/watch?v=U1ofc_uO3yY
C: and this one is for the French. French passports are all but prohibited in china, as French have had the merits of pushing for human rights observance.
China cooking live animals in contest
https://www.youtube.com/watch?v=prwUIBqOvSs
Carrie Lam defends national security law in speech to United Nations
https://www.youtube.com/watch?v=_umWIq_cemY
Miserable turtles in China
https://www.youtube.com/watch?v=PUUlI88RHug
C: it is just a question here, but I wonder whether the buddhist idea of compassion is entirely understood, as I kept noticing plants that were dying of thirst in temples. I reiterate, it is just a question. Since suffering is a well-documented notion in Buddhism too.
Exposing China's Digital Dystopian Dictatorship | Foreign Correspondent
https://www.youtube.com/watch?v=eViswN602_k
C: Don't you know ho much in europe you are to be paying in case of defamation to celebreties and firms in particular. it is a real massive problem in europe. millions for some fines!!!
you know of a journalists that solved many cases or corruption cases??? at least no many in the west, and gods knows how crooky they are.
C: it sounded here as if the segregation on Yegur is not religious but ethnic.
The problem is what china is doing for its whole people will be completely segregatory on party values guidelines. Feed the apparatchik. Like trump positioning the poorer castes in land they will make sure are mercury, bleach and better things- while taking presidency of territories they did not manage yet to suck dry, as it was just jungle or the last primeval forests the week before we die.
Face-off Between Indian, Chinese Troops In North Sikkim Triggers Fist-Fight, Several Injured
https://www.youtube.com/watch?v=Nqoobvb11JQ
Sikkim Impasse Explained: What Is The India-China-Bhutan Border Standoff?
https://www.youtube.com/watch?v=_IYCz80z0gQ
China accuses US of hypocrisy over Huawei, highlighting claims it spied on German leader Merkel
PUBLISHED MON, FEB 17 2020
Un commissaire européen alerte l'UE sur Huawei qui se dit "déçu"
L'Union européenne a des raisons de s'inquiéter face à Huawei Technologies et d'autres entreprises technologiques chinoises en raison des menaces qu'elles représentent pour le secteur et la sécurité du bloc communautaire, a déclaré vendredi Andrus Ansip, vice-président de la Commission européenne chargé du marché unique numérique.
https://www.challenges.fr/high-tech/un-commissaire-europeen-alerte-l-ue-sur-huawei_630709
The main supplier of information and communication technology systems to the AU headquarters was China’s best-known telecoms equipment company - Huawei.
But in January 2018, French newspaper Le Monde Afrique dropped a bombshell.
It reported that the AU’s computer system had been compromised.
The newspaper, citing multiple sources, said that for five years, between the hours of midnight and 0200, data from the AU’s servers was transferred more than 8,000km away - to servers in Shanghai.
This had allegedly continued for 1,825 days in a row.
Le Monde Afrique reported that it had come to light in 2017, when a conscientious scientist working for the AU recorded an unusually high amount of computer activity on its servers during hours when the offices would have been deserted.
It was also reported that microphones and listening devices had been discovered in the walls and desks of the building, following a sweep for bugs.
https://www.bbc.co.uk/news/resources/idt-sh/Huawei
The U.K.’s decision in late January to allow “high-risk vendors” to equip parts of its 5G telecommunications networks permits the continuing involvement of Huawei, a company described by U.S. legislators and officials as an arm of the Chinese state. The decision has been widely portrayed as a sacrifice of the U.K.’s security and that of partner nations to short-sighted material greed
5G and Huawei: The UK and EU Decide
The EU and U.K. are willing to accept some managed risk in return for expected gains brought by interdependence with China.
https://thediplomat.com/2020/02/5g-and-huawei-the-uk-and-eu-decide/
China Is Using Buddhism To Dominate Global Trade While Oppressing Tibetan Buddhists (HBO)
https://www.youtube.com/watch?v=EyxkY5NmzRY
Eating Snakes Hot Pot in China Guangzhou 廣州
https://www.youtube.com/watch?v=YHjj-V8_LT4
Alive Food in Chinatown Complex Wet Market - Frogs, Crabs, Fish. Singapore Street Food
https://www.youtube.com/watch?v=D5f5x_c5bGI
Served Alive: Inside the American Live-Animal Eating Trend
https://www.youtube.com/watch?v=WF8G0Mk2OFY
Alive Food in Chinatown Complex Wet Market - Frogs, Crabs, Fish. Singapore Street Food
https://www.youtube.com/watch?v=589NAoC9Q6Y
C: like in France or almost.
WUHAN MARKET Before COVID-19 (Let's take a look)
https://www.youtube.com/watch?v=0V7fyjaFOwQ
C: do not think it is only in few markets in china, in china it is in every town.
I think that human beings may be soon be cursed by the food, like the people without money in china, because they cannot afford vegetable and fruit. And without vegetable, our bodies will have to take poison, rotting on corpses. On eating dead flesh. And so become. Not out of ‘necessity’ but guilty of it.
It eat.
H-it. H-eat.
The torture of the wild life, this is how wildlife is connected to viruses. But to whom heartless git to put it lightly, too comradly, would need a justification? Because people will seize the opportunities. To kill wildlife the moment, kill them more, when a connection, spurious or not have been shown.
Even if we were in heaven, if wildlife spread the virus, then we would need to take precaution, not kill anyone, anything, for the brain of the crap to understand.
Just to kill and kill more, so in fact the virus, is you.
China: Power and Prosperity -- Watch the full documentary
https://www.youtube.com/watch?v=JovtmKFxi3c
Interference: China’s covert political influence campaign in Australia | Four Corners
https://www.youtube.com/watch?v=7T_Lu1S0sII
Why China is building islands in the South China Sea
https://www.youtube.com/watch?v=luTPMHC7zHY
Modi warns China against its expansionist policy
https://www.youtube.com/watch?v=6Yln6zwybcw
Gravitas: Decoding China's powerplay in Myanmar
https://www.youtube.com/watch?v=KT8dpIAcZ5k
'They see my blue eyes then jump back' – China sees a new wave of xenophobia
Over the past few weeks, as Chinese health officials reported new “imported” coronavirus cases almost every day, foreigners living in the country have noticed a change. They have been turned away from restaurants, shops, gyms and hotels, subjected to further screening, yelled at by locals and avoided in public spaces.
By last Thursday, officials had reported a total of 595 imported cases since the outbreak began, the main source being the UK. In the last seven days, China has reported only six locally transmitted cases but dozens arriving from abroad.
The UN and the WHO is completely ‘under the influence’ of Communist China
https://www.youtube.com/watch?v=BVY1PkegQZ8
C: watch this if you have a particular interest in Taiwan who first reported the WHO about covid new disease, the WHO did not listen, keep on denying them the right to report.
WION Dispatch: Diplomatic standoff intensifies between India & Nepal over link road to Lipulekh pass
https://www.youtube.com/watch?v=NsCsU2Wrtlg
20 Indian Soldiers Killed in Deadly Border Clash With China
The troops were apparently killed by Chinese soldiers in close-quarter combat high up in the Himalayas, just as the two countries were trying to de-escalate tensions.
https://www.nytimes.com/2020/06/16/world/asia/indian-china-border-clash.html
Exotic animal trade exposed
https://www.youtube.com/watch?v=HeE9MNKn-zg
And finally:
China calls for US to support COVID-19 probe
https://www.youtube.com/watch?v=lXdLeyM9uE0
China, however, has not spared even one of the world's smallest countries, Bhutan, which has barely 8,000 men in its security forces. In the disputed Himalayan plateau of Doklam, claimed by both Bhutan and China Clearly, New Delhi didn't anticipate that an end to the faceoff would result in rapid Chinese encroachments that now virtually preclude India intervening again in Doklam at Bhutan's behest.
In effect, Beijing has shown Bhutan that India cannot guarantee its territorial integrity.
https://asia.nikkei.com/Politics/International-relations/China-s-stealth-wars-in-the-Himalayas
India-China on the verge of military conflict
https://www.youtube.com/watch?v=_Vhm65JAt0Q
Real Reason Why China Wants To Expand
https://www.youtube.com/watch?v=YGFtFFrsQ7c
C: Resources, but here is not mentioned water. Of course, every nation is culled, crawling in corners because not having them is damning in this system we live in, but come and take it is different. Do not know if everything is fact in this video, but most of what I know checked.
As a note what happens in the poles and what will if we survive humanity’ s greet and greed and gross crime reconducted, is what will happen in space, not china or the US only?, but who is I think the whole question behind sheer inactions, pompous reaction, slowliness of mind and police-seize.
View from Bhutan: China Has Always Had Its Eye on Doklam
After the Chinese refused to listen to the Bhutanese Army, Indian troops entered the area to halt construction. This provoked a Chinese retaliation, which destroyed some small Indian outposts in the territory
Unfortunately, I don't think it is fake news.
it is the mainstream that do not follow.
They are often only acting like diplomatic channel.
China tells Australia not to interfere in espionage case
https://www.youtube.com/watch?v=4UWK50HIrQI
C: most likely, just like the Chinese citizens are imprisoned
to show disagreement with the comm party, this writer is not a spy, but someone
who simply reported on the daily business and conditions in china.
Just as a comment, there are here a lot of Australian sources, as they are a lot of Australian common project, in education scheme for example, together with china. So china is very intertwined culturally with Australia compared to other ‘western’ countries.
Economic & Cyber Espionage Issues May Dominate US-China Talks
https://www.youtube.com/watch?v=D2WUpMiD-XQ
C: what is the truth, we may never know. Our contemporary for those, for sure, will never know. Mayo mayor, after a new wikileaks, a little bit more sun over the walls of destruction.
C: good very succinct summary of what is happening all over Africa.
On all issues treated by trumpee, including intellectual property fall and theft (not heft, but fall and hell) it is a shame that these issues are passed the lips, very sehrious issues, the lips of the American president, that will stand, like it or not, as the most decrepiting, discredited global figures of contemporary history. Just take all its nations to the limbo from a state that were not so much so.
Intellectual Piracy in China
https://www.youtube.com/watch?v=33sI-Z1A9og
China brand piracy hits German firms | DW Business
https://www.youtube.com/watch?v=dBp7saKd7ig
How China, Russia steal US intellectual property
https://www.youtube.com/watch?v=NlLtKx7IiCY
How A Chinese Student Allegedly Stole Duke University Tech To Create A Billion-Dollar Empire | TODAY
https://www.youtube.com/watch?v=jyxgIIQO7eA
Former Qualcomm CEO on China and intellectual property theft
https://www.youtube.com/watch?v=rAV2y23jHaM
China: Biggest victim of cyber espionage
https://www.youtube.com/watch?v=YIK87L2pmpY
China espionage campaign: how China is using LinkedIn for digital spying
https://www.youtube.com/watch?v=8DaunW2bsDg
Former CIA Head Hayden: How China Might Recruit Spies
https://www.youtube.com/watch?v=DfyFNWOdaQA
Stolen Secrets: Economic Espionage on the Rise
https://www.youtube.com/watch?v=nwvwhM54uus
C: it takes this report some nerve to cite dupont, while Dupont, in fact polluted the whole world and particularly the US it seems with its chemicals, they did not even bother to dispose of in any stretch of the imagination in the proper way, just ditching it in rivers, while it should never had come on earth first. People would like to make of these trivial and subject of laugh matter. Poorer. Beyond.
C: titanium to color food! Just as a note never forget how America and their followers made the patents of medications unaffordable to the very same countries they exploited and emptied thoroughly to the core. Never forget.
I am not talking about pay-back, because the nuclear power, if not before have had the opportunities to wipe other out. Fortunately even with biological weapons, humans know that they need diversity to adapt, if only to their questions.
But just as to clarify, I here make circulate some info, not that I take the north side, but building a malevolent power over thieving another ones research is not the evolution you want to be part of. Because? Because it is not evolution.
But in a way I can also see myself beggin’ the Chinese, in another world that would just have logically sprouted to harvest, no, haven me from religions and capitalism (though communistic is (equal to) capitalistic preposterous instead of prosper and psychopathic appetite for ‘ gain’, and communism is the inquisitor matching their Europeans peering.
Protest against Beijing turns violent in Australia
https://www.youtube.com/watch?v=4den52cRFfY
China lashes out at Western businesses as it tries to cut support for Hong Kong protests
Well-known brands including Tiffany and the NBA have felt China’s wrath
https://www.washingtonpost.com/business/2019/10/08/china-lashes-out-western-businesses-it-tries-cut-support-hong-kong-protests/
Britain must help Hong Kong's protesters in their fight against a police state
Hong Kong’s government is increasingly turning the city into a brutal police state, but its citizens are not going to give up fighting for their basic rights and freedoms
Hong Kong students in UK call for action over pro-China threats and harassment
by Laura Mannering 26th November 2019
Cambridge University student Ulysses Chow opened his email inbox and discovered a death threat to his mother.
https://hongkongfp.com/2019/11/26/hong-kong-students-uk-call-action-pro-china-threats-harassment/
Does China have a backdoor to your phone?
https://www.youtube.com/watch?v=F0F5VTL4GnE
Communist China 'sends a warning shot at Australia'
https://www.youtube.com/watch?v=Z8QEFsSXbwA
C: indonesia?
Living-proof why it might seem good that china has banned betting, and casino when you hear this journalist trying to cath with the occasion?
Investigation: Why is China on the move in the South Pacific? | 60 Minutes Australia
https://www.youtube.com/watch?v=BzCqQKnF9Oo
C: reporting on buying land, just like trumpee wanted to do with Greenland, this time on lease.
Is China taking over the South Pacific? | 60 Minutes Australia
https://www.youtube.com/watch?v=3NF3y1ouJ64&t=170s
Chinese villages poisoned by American high-tech trash
https://www.youtube.com/watch?v=3FDnwOnGw4k
C: it is still this way in 2020, don’t think it is outdated pictures.
How Russia is sectarian and hidden is as suspect for a guess, but the Russian economy her is maimed. If I understood it well, probably human society is facing a reinforced slavery rise, like it always has been in African countries through racism and utter poverty, or more discreetly in India with casts…or like trafficking, human selling and slavery spreading, including in Europe and in the USA.
Monday, April 2, 2018
Granting rights to the living
Granting rights to the living
Part of the translation of the text :
Faire droit au vivant
By Catherine Larrère| 10 octobre 2018| DOSSIER
POUR LA SCIENCE N° 101
https://www.pourlascience.fr/sd/biologie-vegetale/hors-serie-pour-la-science-n0101-14825.php
Granting rights to the
living.
From now on, nature and
the living are subjects of law, able to go to court to be protected.
In 1972, Christopher
Stone, a law teacher in California, caused
a stir by writing an item called ‘Should Trees Have Standing? In order
to prevent Walt Disney company from building a winter sports resort in the Mineral King Valley,
a region well-known for its sequoias, he proposed to bestow the legal capacity
of subjects of law to natural entities, in this case trees, thus giving the
trees the possibility to plead in their
own right before the court.
[…]
The Sierra Club, a famous
environmental NGO, sued Walt Disney over its project but the California Court
of Appeal rejected the claim saying that the organisation could not have legal
standing since its members have not been personally adversely affected and did not suffer damage or individual loss.
US Supreme Court was about to
begin deliberations when
Christopher Stone intervened. His idea- it is true that the personal lives of
the Sierra Club’s members will not be affected directly by the Walt Disney
project, however the same thing cannot be said about the trees the lives of
which are threatened. Also, if the trees’ cause was personally defended in
court by an appointed representative, they could win, and the project then
would be stopped.
Commentary:
Overall, the strategy
that served me the most, even more so at the beginning of the exercise, was to
read texts directly related to the primary text in question this helped me a lot
to grasp the main concepts used and to see how authors would compare, contrast
and link them.
As some of the vocabulary
is from the legal domain, one will easily face two main difficulties. On one
hand this is a specialised text, and it may be the case that at times to
translate in a professional way is only possible for a specialist. One the
other hand, it might be impossible, for specialists of comparative law
themselves, to find exact equivalents, and therefore being left with no other
options than to resort to translation technics such as cultural equivalence (Vinay, and Darbelnet, 1958/1977)
since the French and American or English (if they are taken as source and
target cultures) legal systems do not have always themselves strict equivalents
terms (Gémar, 1982) as they are
different systems with different laws, infrastructures, organizations,
historical, legal, and social references that do not match.
The primary challenge
translating this text, was that the interest in law for this status change is
very recent (Regad, 2018). It has been therefore several times difficult to
find similar expressions coined in other texts (even expressions from the
original French item to translate). One will have to then research not very
used neologisms in context and jargon not yet entirely stabilised (Fournel,
2012), or concepts that remain very evolutive, changing or not very largely
settled or represented. To solve lack in similarity in different cultures and
also the challenge of the novelty in recent cultural stance, I often chose an
explanatory approach, or explicitness change (Chesterman, 1997), sometimes
using several words, instead of one, translate a word twice in order to erase
ambiguity and frame the original idea further, and explaining or exemplifying further
the concept.
One of the biggest
translation dilemmas was on the topical sentence. The French text proclaims : ‘La parole est à la défense
‘. Numerous
instances of this saying which is linked to court processes can be found. In
English the translation I chose is ‘the defence may now speak' that is a
literal translation (Chesterman, 1997) of the French text. I did find a few
texts using this expression, however it did not seem to be used by the judges
in English jargon; phrases such as ‘you may proceed’, ‘Please present your
case’, ‘Present your opening statement’ (Oneida County Youth Court, 2019) being
spoken instead. After searching for alternative phrases, I finally opted for
the literal version. What motivated my decision is that the ability to speak
has historically and presently being taken into account in the granting of
legal rights. If nature needs a representative to articulate its rights, one of
the most notable injustice of the psychiatric and legal world had been to
consider the inability of some human beings to speak as evidence of their
mental and intellectual disabilities (Colley, 1999) (Harvey, 1857) (Crowley, 2018), these
scientific or medical assessments in turn instrumentalised in determining these
people diminished legal status
(526 words)
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Appendix 1: corpus of texts:
Locus
standi in environmental torts and the potential influence of human rights…
(M. Wilde)
Author
Mark Wilde
Keywords
Environmental tort; standing (locus standi); environmental justice; private nuisance;
convergence of human rights and tort; human rights and environmental justice;
European Court of Human Rights jurisprudence; statute and standing.
Abstract (introduction)
The debate regarding the role of civil liability as a means
of environmental protection has been running for many years and shows no signs
of running its course, as certain States press ahead with environmental liability regimes
and the European Community continually shifts position. One of the central
themes that has yet to be fully resolved concerns which parties should be in a
position to take action in respect of environmental harm. Existing private-law
mechanisms focus on individual loss, be it in the form of personal
injuries or damage to property. This immediately limits the class of persons who may claim and
focuses attention on the individual loss rather than the wider environmental
harm. For example, members of the family home, other than the person enjoying title to the
property, may be excluded from the protection afforded by the property torts, such as private
and public nuisance, and trespass to land due to their lack of title. This theme
links into a broader debate in that, beyond the family home, there is clearly limited capacity for individuals, or other
interested parties, to seek remedies in respect of damage to the wider
environment.
Wilde, M. (2003) ‘Locus standi in
environmental torts & the potential influence of human rights
jurisprudence’, Review of European
Community and International Law, 12(3),
pp. 284-294 [Online]. Available at https://gnhre.org/2014/01/18/locus-standi-in-environmental-torts-the-potential-influence-of-human-rights-m-wilde/ (Accessed 10 January 2019).
Capacity of
subject of law :
Legal
capacity in Law To
be a subject of law In order to have ability to acquire rights and take obligations and
responsibility, ONE should have this capacity which is called legal capacity. Only subjects of law have a legal capacity, and those who have a legal
capacity are the subjects
of law. Legal
capacity Issue of liability or responsibility, is strictly connected with possession of legal capacity.
https://www.coursehero.com/file/9752734/03/
The capacity
of subject of law of individuals at challenging the rights of the states
is a recent right in international law, enabling people’s rights not to
remained subservient to the ones of the states’ or even at ‘being prior and
standing above’ to the rights of the states or other organization.
https://brill.com/abstract/book/9789004189683/Bej.9789004184282.i-728_012.xml
Subject of
rights (Zivi, 2006).
In Zivi, the
subjects of rights is used in a very relevant manner to the text as it is about the
subjects able and responsible for claiming their rights while linking rights
with activism.
https://www-jstor-org.libezproxy.open.ac.uk/stable/3694256
Granting
Legal Rights to Rivers: Is International Law Ready?
Four rivers around the world now have legal
rights. But what are the implications of rights for nature for international
environmental law?
August 6, 2018 - by Mara Tignino and Laura
E. Turley
Last year, four rivers were granted legal rights: the Whanganui
in New Zealand, Rio
Atrato in Colombia, and the Ganga
and Yamuna rivers in India. These four cases present powerful
examples of the increasing relevance of rights-centered environmental protection. Like corporations, which have legal rights in many
jurisdictions, these rivers are rights-bearing entities whose rights can be enforced by
local communities and individuals in court. But unlike corporations, these
rights are not yet recognized in international treaties. Which raises the question: what are the implications of rights for
nature for international environmental law?
Granting
Rights to a River: Enhancing a Right-Based
Approach
[…] recognizes
the importance of protecting water resources, but views them entirely as
natural resources belonging to states.
In contrast
to international law, some countries have granted rights to the nature, and
specifically to rivers, in their national laws. In 2008, Ecuador recognized the constitutional right of Mother Earth and, in 2010, Bolivia
adopted the Laws on the Rights of Mother Earth,
which gives legal standing to nature and establishes an ombudsman for the
protection of its rights. And in May 2017, Colombia’s Constitutional Court recognized the Atrato River as
a legal person.
More
recently, the Parliament of New Zealand granted the country’s
third-longest river, the Whanganui, the legal rights of a person, after a
140-year campaign by the Whanganui Iwi tribe.
[…]
India’s
Ganges River and one of its main tributaries, the Yamuna River were granted
these same rights. The high court in the northern state of
Uttarakhand — not the national government, as in New Zealand, Ecuador, and
Bolivia—issued the order, citing the case of the Whanganui in establishing that
that the Ganges and the Yamuna should be accorded the status of living
human entities.
These rivers
now have the right to representation in the form of “guardians” or “allies” in
legal proceedings against threats to their wellbeing, such as degradation. […]
The Whanganui River is a relatively pristine ecosystem
— especially in contrast to the heavily polluted Yamuna and Ganges rivers. Each
day, 1.5 billion liters of untreated sewage enters the Ganges River, and many
attempts to clean up the river have failed over the years. Will the river’s
legal […]
Laura
E. Turley
https://therevelator.org/rivers-legal-rights/
Home > Environment > Environment: The Concept of Legal Personality – From
Companies to Natural Entities?
Environment: The Concept of Legal Personality – From
Companies to Natural Entities?
By Latham & Watkins LLP on April
4, 2017 Posted in Environment
By Paul Davies and Michael Green
New Zealand’s Parliament has just passed a bill to enable the Whanganui River to be
recognised as a legal person. It will now be represented by two
nominees: one appointed by
the Maori community (or
Iwi), and another appointed by the government. […]
Chris Finlayson, New Zealand’s attorney general and
minister for treaty negotiations described the move as “unprecedented” but also
emphasised that it was
equivalent to assigning legal
personality to
companies.
As a result of this development, the river will have its own legal standing with all corresponding rights,
duties and liabilities of a legal person. This is the first instance anywhere of extending legal personality to a natural entity
Implications
[…]
This change provides a mechanism for the natural object to
be proactively protected,
rather than reactively addressed through seeking to clean up any
degradation in the condition of such natural object.
Given the impact of climate change on the wider environment,
we can expect increased pressure for legal systems (globally) to adopt equally innovative steps in
order to confer legal
personality to significant natural objects.
This post was prepared with the assistance of Ei
Nge Htut in the London office of Latham & Watkins.
Should
trees have standing? Towards legal rights for natural objects (C. Stone).
January 11, 2014 Anna Leave
a comment
Author
Christopher Stone
Keywords
Development of rights, development of children’s rights,
standing for ‘natural objects’.
Abstract
This article, from the era when the birth of modern environmentalism
and conservationism arguably emanated, is an abstract but serious attempt to
propose that forests, oceans and rivers, in fact the entire natural
environment, should be afforded legal rights. The piece explains that the
granting of new rights involves two aspects; first, legal-operational aspects
and second psychic and socio-psychic aspects. The author argues that it would
be seemingly ridiculous to state that ‘natural objects’ should have no rights to seek legal redress
merely because they cannot speak up for themselves. It is considered
normal for corporations, who cannot speak, to employ lawyers to act on their behalf; the same can be said for states,
estates, children etc. The mentally incompetent or any person that is
incapable of managing their own affairs is provided, by the courts, with
someone who can whilst a
business entity that has become ‘incompetent’ is, for example, appointed a trustee in
bankruptcy; conceivably someone could apply to the courts to be the ‘guardian’ of a
natural object that is perceived to be in danger. https://gnhre.org/2014/01/11/should-trees-have-standing-towards-legal-rights-for-natural-objects-c-stone/
Extra
corpus :
More secondary
corpus related to the concepts linked to the overall translation but not
necessarily to the glossary or more loosely connected.
Should Trees Have Standing
Over
three decades ago, as a
professor at the University of Southern California, Christopher Stone
challenged the historic legal premise that nature and trees are treated as objects in
the eyes of the law and therefore without rights. He recognized that for nature to have
rights under the law, the fundamental basis of our legal systems would need to
be rewritten.
Should
Trees Have Standing? became a rallying point for the new environmental
movement and food for a worldwide debate on the basic nature of legal rights. The
debate reached the
U.S. Supreme Court.
[…]
This
enduring work continues to serve as the definitive statement as to why trees,
oceans, animals, and the environment as a whole should be bestowed with legal rights, so that the voiceless elements in
nature are protected for future generations.
https://www.e-elgar.com/shop/should-trees-have-standing