This paper analyzes the application of rights-based approaches to disaster displacement in the Asia-Pacific region in order to assess whether the current framework is sufficient to protect the rights of internally displaced persons. It identifies that disaster-induced displacement is increasingly prevalent in the region and that economic and social conditions in many countries mean that the impact of displacement is often prolonged and more severe. The paper identifies the relevant human rights principles which apply in the context of disaster-induced displacement and examines their implementation in a number of soft-law instruments. While it identifies shortcomings in implementation and enforcement, the paper concludes that a rights-based approach could be enhanced by greater engagement with existing human rights treaties and greater implementation of soft-law principles, and that no new instrument is required.
This article categorizes and evaluates how regulatory regimes conceptualize plastics, and how such conceptualizations affect the production, consumption, and disposal of plastics. Taking a doctrinal and policy-oriented approach, it identifies four ‘frames’ – that is, four distinct and coherent sets of meanings attributed to plastics within transnational regulation – namely, plastics as waste to be managed; a material to be prevented; a good (or waste) to be traded freely; and inputs or outputs in production-consumption systems. Based on this analysis, three significant deficiencies in the transnational regulation of plastics are identified: the failure to frame plastics in terms of environmental justice and human rights issues; insufficient focus on plastics prevention (rather than management); and the role of law in reinforcing its production and consumption.
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