As an innovation in the environmental governance system that breaks the traditional hierarchical structure,environmental protection supervision has not only played a significant role in protecting tangible environment...As an innovation in the environmental governance system that breaks the traditional hierarchical structure,environmental protection supervision has not only played a significant role in protecting tangible environmental rights but also expanded the basic scope of the right to environmental information—part of procedural environmental rights.In the supervision of environmental protection,the objects of the right to environmental information and the subjects of the obligation to provide environmental information have been both expanded,with the focus shifting from government information to Party information and from administrative organs to Party organs.This vividly demonstrates the Communist Party of China’s concrete efforts to protect human rights in the field of the endeavor to build an ecological civilization.At present,the realization of the right to environmental information in environmental protection supervision still faces problems such as insufficient standards and norms,disordered practice and operation,and lack of liability guarantee.In this context,based on renewing relevant subjects’cognition of the right to know in environmental protection supervision,we should further improve and specify the rule for disclosing information about environmental protection supervision,rationally distribute the obligations for information disclosure in environmental protection supervision,and clarify the accountability rules for violating relevant requirements for information disclosure,so as to promote the overall development of the environmental protection supervision system while guaranteeing the realization of the right to environmental information.展开更多
According to most commentators,cultural autonomy is not a right recognized by positive international law.This article argues that the core elements of cultural autonomy can be derived from the right to effective parti...According to most commentators,cultural autonomy is not a right recognized by positive international law.This article argues that the core elements of cultural autonomy can be derived from the right to effective participation guaranteed by Article 15 of the Framework Convention on the Protection of National Minorities(FCNM).The existing standards developed by the Advisory Committee on the Framework Convention are rather vague,and fail to regulate several issues important for effective participation.This is not determined by the wording of the Convention,but by the Committee’s choice to provide states with a very wide margin of appreciation.To fill in the gaps in the Committee’s jurisprudence,the article examines the case study of a recently adopted law on support for minority cultures in Slovakia.By using a qualitative-substantive approach,it specifies the content of cultural autonomy by defining its purpose,as well as the conditions under which it can be achieved.Applying the Committee’s general criteria to the specific problems raised by the Slovak law,the article establishes the core positive law requirements vis-à-vis the right to cultural autonomy.In closing,the article argues that the Committee should adopt detailed standards,similar to those proposed in the text,in order to enforce the right to effective participation in practice.Operationalizing effective participation leads in substance to the enforcement of the right to cultural autonomy,which is a developed form of the former.展开更多
基金an initial progress of the“Research on Improving the Central Supervision System of Ecological and Environmental Protection”(Project No.21ZDA088)a National Social Science Foundation Major Project of the Research on the Interpretation of the Spirit of the Fifth Plenary Session of the 19th CPC Central Committee。
文摘As an innovation in the environmental governance system that breaks the traditional hierarchical structure,environmental protection supervision has not only played a significant role in protecting tangible environmental rights but also expanded the basic scope of the right to environmental information—part of procedural environmental rights.In the supervision of environmental protection,the objects of the right to environmental information and the subjects of the obligation to provide environmental information have been both expanded,with the focus shifting from government information to Party information and from administrative organs to Party organs.This vividly demonstrates the Communist Party of China’s concrete efforts to protect human rights in the field of the endeavor to build an ecological civilization.At present,the realization of the right to environmental information in environmental protection supervision still faces problems such as insufficient standards and norms,disordered practice and operation,and lack of liability guarantee.In this context,based on renewing relevant subjects’cognition of the right to know in environmental protection supervision,we should further improve and specify the rule for disclosing information about environmental protection supervision,rationally distribute the obligations for information disclosure in environmental protection supervision,and clarify the accountability rules for violating relevant requirements for information disclosure,so as to promote the overall development of the environmental protection supervision system while guaranteeing the realization of the right to environmental information.
文摘According to most commentators,cultural autonomy is not a right recognized by positive international law.This article argues that the core elements of cultural autonomy can be derived from the right to effective participation guaranteed by Article 15 of the Framework Convention on the Protection of National Minorities(FCNM).The existing standards developed by the Advisory Committee on the Framework Convention are rather vague,and fail to regulate several issues important for effective participation.This is not determined by the wording of the Convention,but by the Committee’s choice to provide states with a very wide margin of appreciation.To fill in the gaps in the Committee’s jurisprudence,the article examines the case study of a recently adopted law on support for minority cultures in Slovakia.By using a qualitative-substantive approach,it specifies the content of cultural autonomy by defining its purpose,as well as the conditions under which it can be achieved.Applying the Committee’s general criteria to the specific problems raised by the Slovak law,the article establishes the core positive law requirements vis-à-vis the right to cultural autonomy.In closing,the article argues that the Committee should adopt detailed standards,similar to those proposed in the text,in order to enforce the right to effective participation in practice.Operationalizing effective participation leads in substance to the enforcement of the right to cultural autonomy,which is a developed form of the former.
