Gender‐based violence online is rampant, ranging from harassment of women who are public figures on social media to stalking intimate partners using purpose‐built apps. This is not an issue that can be addressed by individual states alone, nor can it be addressed satisfactorily through legal means. The normalization of misogyny and abuse online both reflects and reinforces systemic inequalities. Addressing gender‐based violence online will require the intervention of the technology companies that govern the commercial Internet to prevent and combat abuse across networks and services. We argue that international human rights instruments provide an opportunity to identify with more precision the responsibilities of telecommunications companies and digital media platforms to mitigate harm perpetrated through their networks, and ensure that the systems they create do not reproduce gendered inequality. Finally, we present initial recommendations for platforms to promote human rights and fulfill their responsibilities under the United Nations Guiding Principles on Business and Human Rights.
This article provides an overview of the key values that we argue should underpin an index of the legitimacy of the governance of online intermediaries. The aim is ultimately to allow scholars to rank the policies and practices of intermediaries against core human rights values and principles of legitimate governance in a way that enables comparison across different intermediaries and over time. This work builds on the efforts of a broad range of researchers already working to systematically investigate the governance of social media platforms and telecommunications intermediaries. In this article, we present our review and analysis of the work that has been carried out to date, using the digital constitutionalism literature to identify opportunities for further research and collaboration.
International human rights law has evolved to offer specific protection to persons who are internally displaced. This protection is becoming increasingly important as the effects of climate change are putting more populations around the world at risk of displacement. However, there is still limited empirical insight into the factors that enhance or undermine effective protection of the rights of climate displaced persons in practice. This article seeks to fill this gap, drawing on a case study of climate displacement resulting from Tropical Cyclone Pam which struck the Pacific Island nation of Vanuatu in March 2015. We note that Vanuatu has an expansive suite of laws and policies dedicated to disaster preparation, risk reduction and response, as well as climate change and disaster displacement. However, its capacity to fulfil its human rights obligations in the face of climate disasters is undermined by a lack of resources and institutional capacity. We argue that this gap must be addressed through an integrated approach to international law that emphasises human rights obligations of international cooperation and assistance along with obligations relating to climate change mitigation, adaptation and capacity building under international climate change law. Vanuatu's experience with Cyclone Pam also provides a clear case for strengthening the Warsaw International Mechanism for Loss and Damage Associated with Climate Change Impacts ('Warsaw Mechanism') in a manner that results in enhanced human rights protection for climate displaced persons.
The Ramsar Convention is the world’s most important international treaty governing wetland environments. Since the 1970s, the Convention has concerned itself with listing and protecting wetlands of international significance. However, in the past three decades, a focus has shifted from the identification of potential sites, towards addressing adverse changes in their ‘ecological character’. One of the few mechanisms Ramsar has at its disposal for achieving this is the Montreux Record (MR). The MR, first established in 1990, is a kind of ‘in danger’ list for Ramsar sites that have undergone, are undergoing, or are likely to undergo, adverse ecological change. Unlike other in-danger lists, such as, for example, under the World Heritage Convention, the MR is entirely voluntary and not deployed as a disciplinary measure or reputational sanction. The empirical research presented in this paper shows the declining use and importance of the MR. The paper provides an analysis of the composition and use of the MR from 1990 to 2018 and generates recommendations for how it might be used more effectively. The findings in this paper are significant, given the rapid declines of many Ramsar sites around the world.
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