he article combines Elinor Ostrom’s design principles for common-pool resources and human rights provisions, including subsequent clarifications and jurisprudence. It analyses whether stronger local self-governance, embedded in the natural resource dimension of peoples’ rights to self-determination is a recommendable approach. Two changes in understanding are noted. First, the universal approval of indigenous peoples’ right to self-determination as specified in the UN Declaration on the Rights of Indigenous Peoples. Second, the wide endorsement of the specific principle of free and prior informed (...) consent. As the exercise of peoples’ rights to self-determination is done on a collective level, it is important to have awareness of whether particularly affected and marginalized households and individuals are included or not included in the decision-making process. The article then reviews a range of new instruments adopted by the OECD and the UN for improved human rights awareness and compliance in the context of economic investments. The article finds that these instruments are still underutilized. Finally, the article identifies the role of human rights in bilateral investment treaties. It finds that there are less jurisdictional restrictions – as many treaties have a wide understanding of applicable law – than cognitive restrictions – as human rights competence is rarely sought when establishing tribunals mandated to solve investments disputes. (shrink)

No global professional codes for the natural science and technology professions exist. In light of how the application of new technology can affect individuals and communities, this discrepancy warrants greater scrutiny. This article analyzes the most relevant processes and seeks to explain why these processes have not resulted in global codes. Moreover, based on a human rights approach, the article gives recommendations on the future process and content of codes for science and technology professions. The relevance of human rights in (...) the realm of individual conduct is based on the fact that while human rights treaties primarily outline State obligations, individuals have responsibility for human rights promotion. Human rights principles have only recently been subject to interests from policy makers and academics, and must be better clarified. Human rights principles are found to be relevant, but are effective only if they are applied in conjunction with substantive human rights. (shrink)

Antallet sultne i verden har økt, selv om det kan diskuteres om det i dag er en høyere eller lavere andel som lider under sult enn for seks år siden – før matprisøkningen. Alle er uansett enige om at det samlet sett produseres nok mat i verden til at alle kan få dekket sine ernæringsbehov. Artikkelen viser at to hovedretninger i debatten om matproduksjon står mot hverandre. Den dominerende retningen fokuserer primært på matsikkerhet, forstått som økt matproduksjon og økt handel (...) med mat. Den andre retningen argumenterer for at interessene og rettighetene for de mest sårbare må ha forrang i politiske prioriteringer, og at de sårbare sikres best med en strategi basert på menneskerettigheter. Artikkelen drøfter landfordeling, økt bruk av genteknologi i landbruket og nedbygging av handelshindre for landbruksprodukter. Industrialisering av landbruket og liberalisering av handelen med landbruksvarer kan gi gode resultater på makronivå – på kort sikt. Dersom målet er å fremme situasjonen for de mest sårbare og samtidig møte klimautfordringene er løsningen en nedenfra-tilnærming, som til nå er blitt ignorert av de fleste stater.Nøkkelord: retten til mat, matsikkerhet, klima, Verdens handelsorganisasjon, FNs tusenårsmålEnglish summary: The struggle over food intake and food productionThe number of hungry persons in the world has increased – although it is debatable whether there is currently a higher or lower proportion of suffering from hunger than six years ago – before the food price increases. All agree that the overall production of food in the world is adequate for everyone's nutritional needs. The article demonstrates that there are two main approaches in the debate on food production. The dominant approach focuses primarily on food security, understood as increased food production and increased food trade. The other approach argues that the interests and rights of the most vulnerable must prevail, and that improvements for the vulnerable are best ensured with a strategy based on human rights. The article analyzes land distribution, increased use of genetic technology in agriculture and reduction of trade barriers for agricultural products. Industrialization of agriculture and the liberalization of trade in agricultural products can provide good results at the macro level – in the short term. If the goal is to promote the situation of the most vulnerable and at the same time addressing climate change, the solution is a bottom-up approach, which until now has been ignored by most states. (shrink)

Tax havens and tax secrecy have risen to the top of the global policy agenda and may constitute the most important impediment for reducing inequalities. Moreover, complex corporate structures allow charging for services undertaken in various countries through one low-tax country. Transferring profits to low-tax jurisdictions will significantly reduce a multinational corporation’s overall tax burden. Individuals are assisted in opening shell corporations that officially own bank accounts where the real owner is not revealed. Reducing this practice of tax dodging has (...) proven to be difficult, despite substantial efforts by several international organizations and states over the last decade. It is too easy to be removed from the list of tax havens; mere membership in OECD’s Global Forum on Transparency and Exchange of Information for Tax Purposes qualifies. Tax dodgers add to global inequalities and severely weaken states’ capacity to undertake their task of creating a solid tax base, embedded in the principle that all actors are taxed according to the income generated in each country. A weak tax base will lead to less trust, more violence and more deaths. Keywords: country-by-country reporting, EU, OECD, tax avoidance, tax evasion, tax havens. (shrink)

Hans Morten Haugen offers an analysis of the intersection of intellectual property with health, traditional knowledge and biodiversity against a backdrop of established and emerging human rights. How those rights interface and who decides are among the most difficult issues in international intellectual property, and there is no doubt that there is room for fresh ideas on how to simultaneously achieve the goals of innovation, development and access. 0Also part of series: Library of Human Rights; 2.

The article analyses the three terms autonomy, dignity and vulnerability. The relevance and practical application of the terms is tested in two spheres. First, as guiding principles in the area of ethics of medicines and science. Second, as human rights principles, serving to guide the conduct of public policies for an effective realization of human rights. The article argues that all human beings have the same dignity, but that the autonomy—and therefore vulnerability—differs considerably. Simply said, with reduced autonomy comes increased (...) vulnerability, implying extra attention to the protective dimensions. The article finds that the three terms approach the protection of human beings in different ways and that all are relevant and applicable in both spheres, but that an isolated notion of autonomy and a ‘group-based’ notion of vulnerability are not adequate. (shrink)