Law Infrastructure And Human Rights

Author: Michael B. Likosky
Publisher: Cambridge University Press
ISBN: 1139458647
Size: 73.30 MB
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From attacks on oil infrastructure in post-war reconstruction Iraq to the laying of gas pipelines in the Amazon Rainforest through indigenous community villages, infrastructure projects are sites of intense human rights struggles. Many state and non-state actors have proposed solutions for handling human rights problems in the context of specific infrastructure projects. Solutions have been admired for being lofty in principle; however, they have been judged wanting in practice. This book analyzes how human rights are handled in varied contexts and then assesses the feasibility of a common international institutional solution under the auspices of the United Nations to the alleged problem of the inability to translate human rights into practice.

International Human Rights In Context

Author: Henry J. Steiner
Publisher: Oxford University Press, USA
ISBN: 019927942X
Size: 60.64 MB
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The third edition of International Human Rights in Context continues to bring sophisticated and thought-provoking analysis to the study of human rights within its wider social and cultural context. This widely acclaimed interdisciplinary coursebook presents a diverse range of carefully edited primary and secondary materials alongside extensive text, editorial commentary, and study questions. Within its conceptual framework, the book thoroughly covers the major topics of internationalhuman rights: the basic characteristics of international law; evolution of the human rights movement movement; civil, political, economic and social rights; the humanitarian laws of war; globalization; self-determination; women's rights; universalism and cultural relativisim; intergovernmental and nongovernmental institutions; implementation and enforcement; internal application of human rights norms; and the spread of constitutionalism. The third edition has been considerably revised and restructured to incoroprate new themes and topics including: human rights in relation to terrorism amd national security; responsibility of nonstate actors for human rights violations; recent substantial changes in sources and processes of international law; achieved and potential reforrm within UN human rights institution; theories about international organizations and their influence on state behavior. Its scope, challenging enquiries, and clarity make it the ideal companion for human rightsstudents, scholars, advocates and practitioners alike. Online Resource Centre The third edition will be accompanied by a new online resource centre which will house the Annex of Documents, allowing them to be updated between editions.

The Rise Of The Regulatory State Of The South

Author: Navroz K. Dubash
Publisher: Oxford University Press
ISBN: 0199677166
Size: 67.21 MB
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The 1990s and 2000s have witnessed a spurt of energetic institution-building in the developing world, as regulatory agencies emerge to take over the role of the executive in key sectors. The consequences for development are substantial, as politically charged decisions are handed over to formally technocratic and apolitical agencies. This shift also has implications for scholars of regulation, particularly at a time when the regulatory agency model is underconsiderable stress from the global financial crisis. The volume is organized around country case studies and interdisciplinary commentaries that together examine the rise of the regulatory state in thesouth.

Property And Human Rights In A Global Context

Author: Ting Xu
Publisher: Bloomsbury Publishing
ISBN: 1509901744
Size: 48.34 MB
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Property as a human rights concern is manifested through its incorporation in international instruments and as a subject of the law through property-related cases considered by international human rights organs. Yet, for the most part, the relationship between property and human rights has been discussed in rather superficial terms, lacking a clear substantive connection or common language. That said, the currents of globalisation have witnessed a new era of interrelation between these two areas of the law, including the emergence of international intellectual property law and the recognition of indigenous claims, which, in fundamental ways, speak to an engagement with human rights law. This collection starts the conversation between human rights lawyers and property lawyers and explores analytical approaches to the increasing relationship between property and human rights in a global context. The chapters engage with key theoretical and policy debates and range across three main themes: The re-evaluation of the public/private divide in the law; the tensions between the market and social justice in development and the balance between the rights of individuals and those of communities. The chapters adopt a global, comparative perspective and engage in case studies from countries including India, Philippines, Brazil, the United States, the United Kingdom and includes various regions of Africa and Europe.

International Financial Institutions And International Law

Author: David B. Hunter
Publisher: Kluwer Law International
ISBN: 9041128816
Size: 24.46 MB
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Five essays set out the general principles of international law that are applicable to the IFIs and consider how these are or should be evolving to produce IFIs that are respectful subjects of international law and accountable to all relevant stakeholders for their compliance with international law. Six more focus on selected aspects of the IFIs' operations that both raise important and challenging international legal issues and that have substantial impacts on both the different stakeholders in the operations of the IFIs, and on the sustainability and success of the operations. Introductory and concluding essays frame the volume. The many issues raised include the following: * IFIs' impact on economic policies in Member States; * IFI operations as private financial transactions; * IFIs as key players in the creation of international law; * IFIs as promoters of the international capitalist system; * IFIs as bearers of human rights obligations under international human rights law or as participants in the UN system; * consequences of an IFI's breach of its own internal policies or directives; * IFI immunity; * IFI capacity to sue and to be sued in national courts; * ability of various claimants to sue IFIs in domestic courts; * environmental and social rights and interests of third parties affected by IFI financing; * right of indigenous people to give their free, prior, and informed consent to IFI operations that affect them; and * IFIs' treatment of workers' rights.

Global Project Finance Human Rights And Sustainable Development

Author: Sheldon Leader
Publisher: Cambridge University Press
ISBN: 1139504258
Size: 17.29 MB
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Many infrastructure projects around the world are funded through the project finance method, which combines private financing with public sector backing from multilateral finance institutions such as the World Bank. This examination of the theoretical and practical implications of such funding begins with a discussion of the relationship between the financial structuring of these projects and finance, policy and legal disciplines, especially in the form of investment law, human rights and environmental law. A number of case studies are then examined to provide practical insights into the application (or otherwise) of human rights and sustainable development objectives within such projects. While these theoretical perspectives do not conclude that the project finance method detracts from the application or implementation of human rights and sustainable development objectives, they do highlight the potential for the prioritisation of investment returns at the expense of human rights and environmental protection standards.

Privatising Development

Author: Michael Likosky
Publisher: Martinus Nijhoff Publishers
ISBN: 9004143319
Size: 80.85 MB
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This book looks at the shift since the 1980s away from state-financed and towards privatised international infrastructure projects. An interdisciplinary group of contributors look at the relationship between privatisation and human rights in diverse national settings and in multiple sectors of the economy. These issues are explored through international organisation frameworks and internal policies, legislative guides, contracts, and public-private partnerships. The roles of the World Bank, MIGA, export credit agencies, the UN Commission on International Trade Law, credit ratings agencies, international banks, TNCs, NGOs, community groups and state agencies are examined.

State Legitimacy And Failure In International Law

Author: Mario Silva
Publisher: Martinus Nijhoff Publishers
ISBN: 9004268847
Size: 57.85 MB
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Through scholarly consideration, State Legitimacy and Failure in International Law evaluates gaps in structural competency that precipitate state failure and examines the resulting consequences for the world community.

Public International Law And Human Rights Violations By Private Military And Security Companies

Author: Helena Torroja
Publisher: Springer
ISBN: 3319660985
Size: 12.19 MB
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This book explores the human rights consequences of the new mercenarism, as channeled through so-called private military and security companies (PMSCs), and offers an overview of the evolution and status quo of both non-legal (soft law and self-regulation) and legal initiatives seeking to limit them. It addresses various topics, including the impact of the presence of non-state actors on human security using the cases of Afghanistan and Syria; research on PMSCs’ impact on human rights in specific cases; the insufficiency and ineffectiveness of existing direct and indirect legal prohibitions on the use of mercenaries; various aspects of international human rights law and international humanitarian law related to the conduct of PMSCs; soft-law and self-regulation mechanisms; and the international minimum standard in general international law regarding the privatization, export, import, and contracting of PMSCs.

Public International Law And Human Rights Violations By Private Military And Security Companies Helena Torroja 2017

Author: Springer International Publishing, AG
Publisher: Bukupedia
ISBN:
Size: 67.49 MB
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Foreword This book, edited by Professor Helena Torroja, grew out of her ongoing commitment to the mandate of the Working Group on the use of mercenaries (OHCHR), with which she has actively collaborated since shortly after its creation by the Human Rights Commission in 2005 (Res. 2005/2). The Working Group has benefited from her expertise with various activities carried out in fulfillment of our mandate, according to which we are to monitor mercenaries in all their manifestations and study mercenary-related trends and activities in different parts of the world and their impact on human rights, particularly on the right of peoples to self-determination. The collaboration has primarily focused on the part of the mandate concerning the impact of the activities of private military and security companies (PMSCs) on these rights and the regulatory frameworks governing such companies around the world, including their gaps, shortcomings, and good practices. The present book was undertaken at the initiative of Professor Torroja in response to the growing concern of the international community over the threat posed by the criminal activities of mercenaries to peace and security in developing countries, particularly in conflict zones. It likewise aims to address concerns over the role played by PMSCs, which have diversified their activities from the provision of military assistance, consultancy, and security services to other areas in which they also affect the enjoyment of human rights and are rarely held accountable for human rights violations. The work of the experts invited to participate, all of whom have extensive experience in the study of these phenomena, reflects the urgent need to make effective progress on the strengthening of the international legal framework for both phenomena at a time when, as recognized by the Human Rights Council in its Resolution on the Working Group, “armed conflicts, terrorism, arms trafficking and covert operations by third Powers encourage, inter alia, the demand for mercenaries and for private military and security companies on the global market” (Res. 33/4 de 2016). Every chapter of the book draws on exhaustive research presenting diachronic analyses and considering the social and legal reality of mercenarism and the activities of PMSCs. The reality of how these companies operate in specific situations, the serious human rights violations in different states and operational contexts, and the analyses of the national and international legal context in which these nonstate actors operate repeatedly point to gaps and weaknesses and an urgent need to strengthen national and international regulatory frameworks. Indeed, together the chapters by Felip Daza, Rebecca DeWinter-Schmitt, Jose´ Luis Go´mez del Prado, Mario Laborie, Carlos Lo´pez, and Helena Torroja make up one of the most comprehensive publications on the phenomena of mercenarism and PMSCs, constituting an important contribution to our understanding of these phenomena and the means of improving the protection of human rights in different scenarios. Member of the United Nations Working Group on the Use of Mercenaries, United Nations Human Rights Council Geneva, Switzerland 30 June 2017 Patricia Arias Acknowledgments This book grew out of the research project Toward an International Regulation of the New Forms of Mercenarism: Support for the Regulatory Developments Proposed by the United Nations Working Group on the Use of Mercenaries (2014), conducted at CEI International Affairs (University of Barcelona) under the direction of Professor Helena Torroja and funded through a grant from the International Catalan Institute for Peace (ICIP). The project first gave rise to a report for the UN Working Group, which was subsequently publicly debated at the international seminar Human Rights and New Forms of Mercenarism: Violations, Limits and Opportunities of the International Legal System, held on April 21, 2017, which was coorganized by CEI-International Affairs and NOVACT and cosponsored by the City of Barcelona and Palau Macaya-Obra Social la Caixa. Additional support was provided for the project’s final publication from the City of Barcelona through a grant under the 2016 Barcelona Solidarity Program to CEI-International Affairs, NOVACT, and the Delas Center for Peace Studies for the project STOP CORPORATE WAR: Promoting Research, Social Mobilization and Advocacy in Catalonia and at the International Level to Prevent Modern Wars. Special thanks should also be given to Kari Friedenson and Thomas Bell for their translation of most of the chapter.