States, Nationality, and Statelessness PDF

# UNIT 1: States, Nationality and Statelessness ## STATES - Entities that have rights and responsibilities under international law and which have the capacity to maintain their rights by bringing international claims. - The elements of a state are as follows: Permanent Population, Defined Territory...

# UNIT 1: States, Nationality and Statelessness ## STATES - Entities that have rights and responsibilities under international law and which have the capacity to maintain their rights by bringing international claims. - The elements of a state are as follows: Permanent Population, Defined Territory, Government, and Capacity to enter into relations with other States. ## POPULATION - Population does not have to be homogeneous racially, ethically, tribally, religiously, linguistically, or otherwise. - It must be a settled population, although the presence of nomadic inhabitants who are traditionally nomadic does not matter. ## TERRITORY - The size would not matter nor its boundaries be defined definitively. ## GOVERNMENT - A central one operating as a political body within the law of the land and in effective control of the territory is required. ## SOVEREIGNTY - The Government must be sovereign and independent so that within its territory, it is not subject to the authority of another state and will have full capacity to enter relations with other states. ## STATES are Created Through the Following: 1. **Discovery and Occupation** - Occurs when a territory belonging to any state is placed under the sovereignty of the claiming state. 2. **Prescription** - When a territory is acquired through continuous and uninterrupted possession over a long period of time. 3. **Cession** - Involves peaceful transfer of territory from one sovereign to another, with the intention that sovereignty should pass. 4. **Accretion** - The increase in land area of the state, either through natural means, or artificially through human labor. 5. **Conquest** - The act of defeating an opponent and occupying all or parts of territory does not of itself constitute a basis of title to the land. 6. **Conquest** - It gives the victor certain rights under international law as regards the territory, the rights of belligerent occupation, but the territory remains subject to the legal title ousted sovereign. ## STATE RECOGNITION - An act by which state acknowledges the existence of another state government, or belligerent community and indicates its willingness to deal with the entity as such under the rules of international law. ## THE PRINCIPLE OF STATE CONTINUITY - It is being followed wherein once the identity of a state as an international community established, the state continues to be the same corporate person whatever changes may take place in its integral organization and government. ## LANDMARK DOCTRINES IN STATE RECOGNITION - **Wilson/Tobar Doctrine** - This doctrine precludes the recognition of governments established revolution, civil war, coup d'etat, or other forms of internal violence until the freely elected representatives of the people have organized a constitutional government. - **Betancourt Doctrine** - A doctrine in state recognition that pertains to denial of diplomatic recognition to any regime which came to power because of military force. - **Lauterpacht Doctrine** - This doctrine precludes the recognition of an entity which is not legally a State as it constitutes an abuse of the power of recognition. It acknowledges a community which is not, in law, independent and which does not therefore fulfill the essential conditions of statehood as an independent state. - **Stimson Doctrine** - This doctrine precludes the recognition of any government established as a result of external aggression. # RIGHTS OF STATES 1. **The Right to Independence** - It means freedom from control of other state or group of states and freedom from restrictions that are binding on all states forming the family of nations and carries with it by necessary implication to correlative duty of non-intervention. 2. **Right to Equality** - Underpinned in the doctrine of equality of states which provides that all states are equal in international law despite of the obvious factual inequalities as to size, population, wealth, strength, and degree of civilization. 3. **The Right to Existence and Self-defense** - Provides that a state may take measures including the use of force as may be necessary to counteract any danger to its existence. 4. **The Right to Territorial Integrity and Jurisdiction** Encompasses the right of state to its terrestrial, maritime, and fluvial, aerial and space covered by its territory. 5. **The Right to Legation** - Pertains to the right of the state to send and receive diplomatic missions, which enables states to carry on friendly intercourse. # NATIONALITY - A legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests, and sentiments, together with the existence of reciprocal rights and duties. - Under the declaration of human rights, everyone has a right to a nationality and that no one is to be arbitrarily deprived of their nationality or denied the right to change their nationality. - Multiple nationalities may exist when an individual possesses more than one nationality. # STATELESSNESS - Pertains to the status of having no nationality as a consequence of being born without any nationality or as a result of deprivation or loss of nationality. # REFUGEE - A person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, outside the country of his/her nationality, and is unable, or owing to such fear, is unwilling to avail himself/herself of the protection of that country. # UNIT 2: LAW OF THE SEA ## Hugo Grotius - Father of International Law and Considered as the Father of Law of The Sea ## THE LAW OF THE SEA - A body of international rules that bind states and other subjects of international law in their maritime affairs. - Its functions are the spatial distribution of national jurisdiction and to ensure cooperation between states. ## The Law of The Sea Have Been Governed by The Following Principles: 1. **Principle of Freedom** - Aims to ensure the freedom of the various uses of the oceans. 2. **Principle of Sovereignty** - Seeks to safeguard the interests of coastal states. 3. **Principle of The Common Heritage** - Seeks to promote the common interest of all people in present and future generations. ## BASELINE - A Baseline is the line from which the outer limits of marine spaces under the national jurisdiction of the coastal state are measured. - It is also the line distinguishing internal waters from the territorial sea. - A vital feature of maritime law is the baseline or the line from which the breadth of the territorial sea and other maritime zones is measured ## The Types of Baselines Are as Follows: - Normal Baseline - Straight Baseline - Closing Lines - Across River Mouths and Bays - Archipelagic Baselines ## ARCHIPELAGIC BASELINES - Under Par. (a), Art. 46, UNCLOS III, an archipelagic state is a state constituted wholly by one or more archipelagos and may include other islands. - An archipelago is a group of islands, including parts of islands, interconnecting waters, and other natural features which are so closely interrelated that such islands, waters, and other natural features form an intrinsic geographical, economic, and political entity or which historically have been regarded as such. (Par.(b), Art. 46, UNCLOS III). - In other words, to constitute an archipelago, the following must exist: - Existence of a group of islands, historical practice, existence of an intrinsic geographical economic and political entity, and compactness or adjacency of islands. ## 2 KINDS OF ARCHIPELAGO 1. **Coastal Archipelago** - Refers to a group of islands situated so close to a mainland that may be considered a part thereof. 2. **Outlying or Mid-Ocean** - refers to a group of islands situated in the ocean at a distance from coasts of firm land as to be considered as independent. ## ARCHIPELAGIC SEA LANES PASSAGE - Pertains to the exercise in accordance with UNCLOS III of the rights of navigation and overflight in the normal mode solely for the purpose of continuous, expeditious, and unobstructed transit between one part of the high seas or an exclusive economic zone and another part of the high seas. ## TERRITORIAL SEA - A marine space under the territorial sovereignty of the coastal state up to a limit not exceeding twelve nautical miles measured from the baselines. - It comprises the seabed and its subsoil, the adjacent waters, and the airspace. - Under Articles 20-25 of the UNCLOS III, A state has the following obligations pertaining to its territorial sea: - Protection of Navigational Aids, Cables, and Pipelines - Conservation of Marine Living Resources - Overall environmental protection and scientific research - Prevention of the infringement of customs, fiscal, immigration, and sanitary laws. - Ensuring the safety of navigation - Taking necessary steps to prevent passage which is not innocent. ## RIGHT OF INNOCENT PASSAGE - The right of foreign merchants ships to ass unhindered through the sea of a coast. - Under articles 17-20 of the UNCLOS. Ships of all states including foreign warships are entitled to the right of innocent passage through the territorial waters of a coastal state. - Submarines are likewise entitled, but while traversing the territorial sea, they are required to navigate on the surface to show their flag. ## EXCLUSIVE ECONOMIC ZONE (EEZ) - Area beyond and adjacent to the territorial sea, not extending beyond 200 nautical miles from the baseline of the territorial sea. - Under UNCLOS, the coastal state has sovereign rights for the purpose of exploring, conserving, and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and subsoil, and with regards to other activities for the economic exploitation and exploration of the zone. - The sovereign rights in the EEZ are essentially exclusive in the sense that no one may undertake these activities or make a claim to the EEZ without the express consent of the coastal state. ## HIGH SEAS - Parts of the ocean that are not under the jurisdiction of any one nation, generally defined as areas beyond the territorial waters of coastal states, which extend 12 nautical miles from the baseline. - The concept of freedom of the high seas is a fundamental principle of international law, enshrined in the United Nations Convention on the Law of the Sea (UNCLOS) ## Key Aspects of Freedom of the High Seas: - **Navigation** - Ships have the right to sail freely on the high seas. This freedom is essential for international trade and travel. - **Fishing** - Nations and individuals have the right to fish in the high seas, although this is subject to regulations to prevent overfishing and protect marine biodiversity. - **Scientific Research** - The high seas are open for scientific exploration and research, which contributes to our understanding of marine ecosystems. - **Overflight** - Aircraft have the right to fly over the high seas without interference from coastal states. - **Undersea Exploration** - The exploration of the seabed and its resources is permitted, though it must respect the rights of other nations and adhere to international agreements. ## THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA (ITLOS) - An independent judicial body established under the United Nations Convention on the Law of the Sea (UNCLOS). - Founded in 1996 and based in Hamburg, Germany, ITLOS is tasked with adjudicating disputes arising from the interpretation and application of the Convention and other related agreements. # UNIT 3: INTERNATIONAL HUMAN RIGHTS LAW - International Human Rights Law (IHRL) is a body of laws and principles aimed at protecting the basic rights and freedoms of all individuals across the world, regardless of nationality, ethnicity, or religion. - This legal framework is designed to uphold human dignity, equality, and respect. - Key components include the right to life, freedom from torture, freedom of expression, and the right to a fair trial, among others. ## The Universal Declaration of Human Rights - The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948, is a milestone document that proclaims the inalienable rights of all individuals. - It arose in the aftermath of World War II, reflecting a global commitment to prevent atrocities and promote human dignity. ## UDHR KEY FEATURES 1. **Foundational Principles** - The UDHR establishes fundamental principles such as equality, non-discrimination, and the inherent dignity of every person. It emphasizes that human rights are universal and apply to all individuals, regardless of nationality, ethnicity, or religion. 2. **Comprehensive Rights** - The document encompasses a wide range of rights, including: - Civil and Political Rights (e.g., right to life, freedom of speech, and the right to a fair trial) - Economic, Social, and Cultural Rights (e.g. the right to education, work, and an adequate standard of living). - Collective rights, like the right to self-determination and the right to participate in cultural life. 3. **Impact and Influence** - The UDHR has influenced numerous international treaties, national constitutions, and laws. It serves as a common standard for all nations and has inspired various human rights movements worldwide. 4. **Limitations and Challenges** - While the UDHR is a powerful framework, its implementation faces challenges. Many countries struggle with enforcement, and violations of human rights continue globally. Additionally, the interpretation of rights can vary culturally and politically. 5. **Continued Relevance** - The UDHR remains relevant today as it addresses contemporary issues like digital privacy, environmental rights, and the rights of marginalized groups. Ongoing dialogues about its application and adaptation highlight its enduring importance. # INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) - The International Covenant on Civil and Political Rights (ICCPR), adopted by the United Nations in 1966, is a treaty that protects a wide range of civil and political rights, including the right to life, freedom from torture, and freedom of expression. - While it is legally binding for ratifying countries, its enforcement relies on monitoring by the Human Rights Committee, which reviews state reports and addresses individual complaints, although it lacks the power to impose penalties. # CIVIL AND POLITICAL RIGHTS (Rights under Articles 1-21 of UDHR) - **Article 1 (Right to Equality)** - All human beings are born free and equal in dignity and rights. Everyone is endowed with reason and conscience. - **Article 2 (Freedom from Discrimination)** - Everyone is entitled to all rights and freedoms without distinction of any kind, such as race, gender, nationality, or religion. - **Article 3 (Right to Life, Liberty, and Security of a person)** - Everyone has the right to life, liberty, and security of person. - **Article 4 (Freedom from Slavery)** - No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited. - **Article 5 (Freedom from Torture and Degrading Treatment)** - No one shall be subjected to torture or to cruel, inhuman, or degrading treating or punishment. - **Article 6 (Right Recognition as a Person before the Law)** - Everyone has the right to recognition as a person before the law. - **Article 7 (Right to Equality before the Law)** - All are equal before the law and are entitled to equal protection against discrimination. - **Article 8 (Right to Remedy by Competent Tribunal)** - Everyone has the right to an effective remedy by the competent national tribunals for acts violating their fundamental rights. - **Article 9 (Freedom from Arbitrary Arrest and Exile))** - No one shall be arbitrarily arrested, detained, or exiled. - **Article 10 (Right to Fair Public Hearing)** - Everyone is entitled to a fair and public hearing by an independent and impartial tribunal. - **Article 11 (Right to be Considered Innocent until Proven Guilty)** - Everyone charged with a penal offense has the right to be presumed innocent until proven guilty. Additionally, no one shall be punished for an act that was not a crime at the time it was committed. - **Article 12 (Freedom from Interference with Privacy, Family, Home and Correspondence)** - No one shall be subjected to arbitrary interference with privacy, family, home, or correspondence, nor attacks on honor and reputation. - **Article 13 (Right to Free Movement in and out of the Country)** - Everyone has the right to freedom of movement and residence within their own country and the right to leave any country. - **Article 14 (Right to Asylum in other Countries from Persecution)** - Everyone has the right to seek and to enjoy asylum from persecution in other countries. - **Article 15 (Right to a Nationality and the Freedom to Change It)** - Everyone has the right to a nationality, and no one shall be arbitrarily deprived of their nationality. - **Article 16 (Right to Marriage and Family)** - Men and women of full age have the right to marry and found a family, and marriage shall be entered into with free and full consent. - **Article 17 (Right to Own Property)** - Everyone has the right to own property, no one shall be arbitrarily deprived of their property. - **Article 18 (Freedom of Belief and Religion)** - Everyone has the right to freedom of thought, conscience, and religion; this includes the freedom to change religion or belief. - **Article 19 (Freedom of Opinion and Information)** - Everyone has the right to freedom of opinion and expression, including the freedom to hold opnions without interference. - **Article 20 (Right of Peaceful Assembly and Association)** - Everyone has the right to peaceful assembly and association - **Article 21 (Right to Participate in Government and in Free Elections)** - Everyone has the right to take part in the government of their country, directly or through freely chosen representatives. Everyone has the right to equal access to public service and the will of the people shall be the basis of the authority of government. # ECONOMIC, SOCIAL AND CULTURAL (Rights under Articles 22-28) - The economic, social, and cultural rights outlined in Articles 22-28 of the Universal Declaration of Human Rights (UDHR) focus on ensuring individuals' well-being, security, and development. These rights include access to social security, the right to work under fair conditions, adequate standards of living, education, and participation in cultural life, all aimed at fostering equality and dignity by addressing essential human needs and promoting social progress. - **Article 22 (Right to Social Security)** - Everyone has the right to social security and is entitled to the economic, social, and cultural rights indispensable for dignity and the free development of personality. - **Article 23 (Right to Desirable Work and to Join Trade Unions)** - Everyone has the right to work, to free choice of employment, to just and favorable conditions of work, and to protection against unemployment. Everyone has the right to equal pay for equal work and to form and join trade unions. - **Article 24 (Right to Rest and Leisure)** - Everyone has the right to rest and leisure, including reasonable limitation of working house and periodic holidays with pay. - **Article 25 (Right to Adequate Living Standard)** - Everyone has the right to a standard of living adequate for health and well-being, including food, clothing, housing, and medical care. Motherhood and childhood are entitled to special care and assistance. - **Article 26 (Right to Education)** - Everyone has the right to education. Educations shall be free, at least in the elementary and fundamental stages. It should promote understading, tolerance, and friendship among all nations. - **Article 27 (Right to Participate in the Cultural Life of Community)** - Everyone has the right to freely participate in the cultural life of the community, to enjoy the arts, and to share in scientific advancement and its benefits. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary, or artistic production. - **Article 28 (Right to a Social Order that Articulates this Document)** - Everyone is entitled to a social and international order in which the rights and freedoms set forth in the Declaration can be fully realized. ## The International Covenant on Civil and Political Rights (ICCPR) - The International Covenant on Civil and Political Rights (ICCPR) is a key international treaty that commits its parties to respect and ensure the civil and political rights of individuals. - Adopted by the United Nations General Assembly in 1966 and entered into force in 1967, the ICCPR is part of the International Bill of Human Rights. ## ICCR IMPORTANT CLAUSES - **Article 6 Right to Life** - Recognizes the inherent right to life and prohibits arbitrary deprivation of life. - **Article 7 Prohibition of Torture** - Prohibits torture and cruel, inhuman, degrading treatment punishment. - **Article 9 Right to Liberty and Security** - Guarantees the right to liberty and security of person, protecting against arbitrary arrest detention. - **Article 14 Right to a Fair Trial** - Ensures the right to a fair and public hearing by a competent, independent, and impartial tribunal. - **Article 19 Freedom of Expression** - Protects the right to freedom of expression, including the freedom to seek, receive, and impart information. ## The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) - An international treaty adopted by the United Nations 1979, aimed at eliminating discrimination against women and promoting gender equality. It is often described as an international bill of rights for women. - It has a significant impact on the legal and policy landscape in the Philippines, particularly in advancing gender equality and the protection of women's rights. - The Philippines ratified CEDAW in 1981, and since then, various legal, institutional, and social changes have been influenced by the principles of the Convention. # MIGRANT WORKERS CONVENTION - The Migrant Workers Convention refers to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the United Nations in 1990. - This treaty aims to safeguard the human rights of migrant workers and their families, ensuring that they are treated with dignity, equality, and respect regardless of their legal status. # The United Nations Convention on the Rights of the Child (UNCRC) - The United Nations Convention on the Rights of the Child (UNCRC) is an international human rights treaty that specifically addresses the rights and protections of children around the world. - Adopted by the United Nations General Assembly in 1989, it is the most widely ratified human rights treaty, with nearly every country in the world signing on to protect children's rights. ## Important Clauses : - **Article 1** - Defines a child as any human being under the age of 18. - **Article 2** - Ensures that all rights apply to all children without discrimination of any kind. - **Article 3** - Stipulates that the best interests of the child must be a primary consideration in all actions concerning children. - **Article 6** - Recognizes the inherent right to life and the importance of survival and development. - **Article 12** - Affirms the right of children to express their views freely in all matters affecting them, and have those views taken into account. - **Article 19** - Requires states to take measures to protect children from all forms of violence, abuse, and neglect. - **Article 28** - Recognizes the right to education and emphasizes the importance of making primary education compulsory and available free to all. - **Article 32** - Protects children from economic exploitation and work that is likely to be hazardous or interfere with their education. # UNIT 4: PRINCIPLES ON INTERNATIONAL ENVIRONMENTAL LAW ## PUBLIC INTERNATIONAL LAW - The law that regulates the relationship between persons of public international law, e.g. states, international organizations and multinational companies. - States create the rules of international law either for their own purposes or as means of facilitating the functions of organizations of which they are members. ## INTERNATIONAL ENVIRONMENTAL LAW - The branch of public international law comprising of those substantive, procedural, and institutional rules which have as their primary objective the protection of the environment. - The term "environment" is understood as encompassing both the creatures and products of the natural world and those of human civilization. ## ENVIRONMENTAL LAW - Environmental law is a set of rules and regulations aimed at protecting the environment. - It focuses on controlling pollution, conserving natural resources, and ensuring sustainable development. - These laws govern how individuals, companies, and governments interact with the environment, setting standards to prevent harm to air, water, land, and wildlife. - Environmental law also addresses issues like waste management, resource conservation, and the preservation of biodiversity. ## ENVIRONMENTAL LAWS IN THE PHILIPPINES - **PD 1586** (Environmental Impact Statement System) - The Environment Impact Assessment System was formally established in 1978 with the enactment of Presidential Decree no. 1586 to facilitate the attainment and maintenance of rational and orderly balance between socio-economic development and environmental protection. - ElA is a planning and management tool that will help government, decision makers, the proponents and the affected community address the negative consequences or risks on the environment. - The process assures implementation of environment-friendly projects. - **RA 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990)** - The law aims to regulate restrict or prohibit the importation, manufacture, processing, sale, distribution, use and disposal of chemical substances and mixtures the present unreasonable risk to human health. - It likewise prohibits the entry, even in transit, of hazardous and nuclear wastes and their disposal into the Philippine territorial limits for whatever purpose; and to provide advancement and facilitate research and studies on toxic chemicals. - **RA 8749 (Clean Air Act of 1999)** - An act providing for a comprehensive air quality management policy and program which aims to achieve and maintain healthy air for all Filipinos. - The Act lays down policies to control the spread of air pollution. - It set standards for vehicle owners and manufacturing concerns go follow and imposes the appropriate punishments for violators of the law. - It also outlines different programs implemented by the government in order to manage and maintain air quality. ## Essential Environmental Principles : 1. **Principle of Good Neighborliness** - States have, in accordance with the charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources persuant to their own environmental policies and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of others states or of areas beyond the limits of natural jurisdiction. 2. **Precautionary Approach / Principle** - When there is a lack of full scientific certainty in establishing a casual link between human activity and environmental effect, the court shall apply the precautionary principle in resolving the case before. 3. **Polluter Pays Principle** - National authorities should endeavor to promote the internalization or environmental costs and the use of economic instruments, taking into account the approach that the polluter should, in principle, bear the cost of pollution with due regard to the public interest and without distorting international trade and investment. 4. **Principle of Sustainable Development** - It is development that meets the needs of the present without compromising the ability of the future generations to meet their own needs. 5. **Environmental Impact Assesment Principle** - Man bears solemn responsibility to protect and improve the environment for present and future generations. 6. **Principle of Common but Differentiated Responsibility** - Because developed states have contributed disproportionately to global environmental degradation, and because they command greater financial and technological resources those states have a special responsibility in shouldering the burden of pursuing global sustainable development. 7. **Principle of Non-Discrimination** - Each state should ensure that its regime of environmental protection, when addressing pollution origination within the state, does not discriminate between pollution affecting the state and pollution affectin other states. # STANDARD OF CONDUCT - **Strict Liability Theory** - States are under an absolute obligation to prevent pollution and are liable for its effects irrespective of fault. - **Test of Due Diligence** - The standard that is accepted generally as the most appropriate one. - The test of due diligence undoubtedly imports an element of flexibility in the equation. - It is also important to note that elements of remoteness and foreseebility are part of the framework of the liability of the states. - The damage that occurs must have been caused by the pollution under consideration. - **Long-Range Trans-Boundary Air Pollution** - Air pollution whose physical origin is situated wholly or in part within are under the national jurisdiction of one state and which has adverse effects in the area under the jurisdiction of another state at such a distance that it is not generally possible to distinguish the contribution of individual emission sources of groups. # UNIT 5: GLOBALIZATION OF RELIGIONS ## What is RELIGION? - Emile Durkheim, a pioneer sociologist, defined religion as a unified system of beliefs and practices related to sacred things, set apart and forbidden, uniting a single moral community called a church. - Religion can be associated with places or worship, practices like confession or meditation, or concepts guiding daily lives like dharma or sin. - All agree that religion is a system of beliefs, values, and practices that encompass what a person holds sacred or considers spiritually significant. ## MAJOR RELIGIONS 1. **CHRISTIANITY** - Christian philosophy originated as a Jewish sect in Jerusalem proclaiming Jesus as the Messiah. - Constantine established Christianity as a quasi-official state religion in AD 324. - Despite various divisions and sects most agree on the following: God is the Creator of all things, Jesus is the Messiah, humans are sinners requiring redemption, the Holy Trinity includes God the Father, God the Son, and the Holy Spirit, and the soul is immortal. 2. **HINDUISM** - Hinduism is the world's oldest religion, originated in the Indus river valley around 4,500 years ago in northwest India and Pakistan. - With around 900 million followers, it is the third-largest religion after Christianity and Islam. - Hindus believe in a divine power manifesting as different entities, with three main incarnations Brahma, Vishnu, and Shiva - Often compare to the Christian Trinity. - The Vedas, sacred texts, contains hymns and rituals from ancient India, mostly written in Sanskrit. - Hindus believe in Dharma, a set of principles corresponding to "right" actions, and karma, the idea that spiritual ramifications of actions are balanced cyclically in this life or future life (reincarnation). 3. **BUDDHISM** - The word "BUDDHA” means "Enlightened" and the path to enlightenment is achieved through morality, meditation, and wisdom. - Buddhists also embrace the concepts of Karma and reincarnation, which are the law of cause and effect. - Followers of Buddhism can worship in temples or in their own homes. - Buddhist monks, or bhikkhus, follow a strict code of conduct, which includes celibacy. 4. **ISLAM** - Muslims believe in a single, transcendent God, Allah, who is infinitely superior and the creator of the universe. - Allah is a powerful and strict judge, merciful towards followers based on their good works and religious devotion. - A follower's relationship with Allah is a servant to Allah. - Muslims honor several prophets, with Muhammad being the last prophet. - To be a Muslim, One Must Follow Five Religious Duties: - Repeat a creed about Allah and Muhammad - Recite certain prayers in Arabic five times a day - Give to the needy - One month each year, fast from food, drink, sex, and smoking from sunrise to sunset; - Pilgrimage once in a one's lifetime to worship at a shrine in Mecca. - At the death-based on one's faithfulness to these duties a Muslim hopes to enter paradise. - If not, they will be eternally punished in hell. 5. **CONFUCIANISM** - Confucianism, the official religion of China from 200 B.C.E until 1949. - Developed by Kung Fu-Tzu (Confucius) a remarkable teacher known for his lessons on self-discipline, respect for authority, tradition, and jen (kind treatment). - Some scholars view Confucianism as a social system rather than a religion, as it focused on sharing moral wisdom without specific worship or formal objects. - The teachings were developed in response to social anarchy and deteriorating social cohesion, leading Kung Fu-Tzu to create his own model of religious morality to guide society. 6. **TAOISM** - A Chinese religion founded by Laozi in the sixth century B.C.E, emphasizes inner peace and harmony, with the central concept of Tao referring to the spiritual reality, the order of the universe, and the way of modern life in harmony with these principles. - The religion's central ideas include ying-yang symbol and the concept of polar forces. - Scholars have compared Taoism to Confucianism, arguing that Taoism focuses on more spiritual level of being, contrasting it with Confucianism's focus on day-to-day rules of conduct. # GLOBALIZATION AND RELIGION PLURALISM - Globalization fosters a culture of pluralism, allowing religions with overlapping but distinctive ethics and interest to interact. - Leading religions traditions teach values like human dignity, equality, freedom, peace, and solidarity, with the Golden Rule being a key principle. - This promotes greater religious tolerance in politics, economics, and society. - Globalization has also created global political forums that integrate cultural, ethnic, and religious differences, forming international organizations like the UN and WHO, as well as regional organizations share commitments to peace, human dignity, equality, and conflict resolution, actively engaging in negotiation, mediation, and diplomacy. # RELIGIOUS VIOLENCE - Religious violence refers to the violent behavior that occurs when religion is either subject or object of such behavior. - This violence can be motivated by religious precepts, texts, or doctrines, of a target or attacker, and can include acts against religious institutions, people, objects, or events. - The term "violence" is broad and can denote various experiences such as bloodshed, physical harm, and emotional turmoil. - Religion can be a source of conflict due to its accepted dogma, which followers must accept without question. - This can lead to inflexibility and intolerance in the face of other beliefs. - Additionally, scripture and dogma are often vague and open to interpretation, leading to conflicts over interpretations, the winner is the interpretation that attracts the most followers, but followers must also be motivated to act. - Religious extremists can contribute to conflict escalation by seeing radical measures as necessary to fulfill God's wishes. - Fundamentalists of any religion tend to take a Manichean view of the world, which makes it difficult to justify compromising with the devil - moderation can be seen as selling out or abandoning God's will. # UNIT 6: GLOBAL MEDIA CULTURES ## GLOBAL IDEAS AND COMMUNICATION - **Public Sphere (German Offenlingkeit)** - A social space for individuals to discuss and identify societal issues, potentially influencing political actions. - Term coined by German philosopher Jürgen Habermas. - Described as a "virtual or imaginary community" not confined to any physical space. - **Key Aspects:** - Acts as a "theater" for political participation through public discourse. - A realm where public opinion is formed and expressed. - **Ideology:** - Government policies should be influenced by public discourse. - Only governments that heed the public sphere are legitimate. ## Conditions for Public Sphere (According to Habermas): - Formation of public opinion. - Open access for all citizens. - Unrestricted discussions on matters of general interest. - Freedom from economic and political control. - Debate over general rules governing relations. ## PROPAGANDA - Non-objective information used to influence public opinion, often through selective facts and emotional appeal. - Uses various media, adapting as new technologies emerge (e.g., posters, radio, TV, websites). - **Purpose:** Primarily serves an agenda, aiming to produce specific perceptions or responses. ## Theories on Propaganda Propaganda Model (Edward S. Herman and Noam Chomsky) - **Concept:** Media biases stem from structural economic causes. - **Applicability:** Originally focused on U.S. media, but relevant to any country with similar economic structures. ## Epistemic Merit Model (Sheryl Tuttle Ross): - **Framework:** Uses the Sender-Message-Receiver model. - Emphasizes the intent of the sender, the communication channel, and the target audience. ## Conditions for Propaganda: - Intent to persuade. - Represents a socio-political institution or cause. - Targets a socially significant group. - Engages in an epistemic struggle, challenging others' beliefs. ## Normative Theories of Communication - Normative theories of communication explain how media and communication systems should operate in society to serve the public good. - Developed in the mid-20th century, they outline the ideal roles, responsibilities, and behaviors of media institutions, setting standards based on societal values and goals. ## AUTHORITARIAN THEORY - This originated from the philosophy of Plato in Ancient Greece adapted by European Monarchs in the medieval period exercising full control over the press. - Authoritarian Media Theory basically suppresses press freedom as not to encourage the people to think and act negatively of the government. - All forms of media or communication are regulated by a governing elite group that regulates the communication process between the media and the audience. - Although this media theory could help resolve issues since it is the state or the government that "dictates" what to be done which may guide the press and the people to support and cooperate. - In this theory, the audience usually could establish propaganda thru the one and unified thinking since it is only the government voice that is being heard alone. - **STRENGTH** - All forms of communication comes from the governing elite, a monarch or a dictator and in this vertical and downward flow of communication, there will be more effective decision-making, efficiency will be increased and discipline will be maintained. -