Law Infrastructure And Human Rights

Author: Michael B. Likosky
Publisher: Cambridge University Press
ISBN: 1139458647
Size: 74.30 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.

Government Participation In Privatisation

Author: Michael Likosky
Publisher:
ISBN: 9780754647812
Size: 31.54 MB
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As governments again take a more proactive role in major projects, this volume systematically examines infrastructure privatisation, exploring the significance of partial reversion to state control from the perspective of human rights advancement.

Global Project Finance Human Rights And Sustainable Development

Author: Sheldon Leader
Publisher: Cambridge University Press
ISBN: 1139504258
Size: 55.74 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.

Infrastructure Law Of Brazil 3a Edi O Cole O F Rum Internacional De Direito P Blico

Author: Marçal Justen Filho
Publisher: Editora Forum
ISBN: 9788577006007
Size: 36.85 MB
Format: PDF, Docs
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Contents - Part I - Essays - An overview of brazilian law; Control of the independent regulatory agencies; Brazilian antitrust law; Administrative procedure and the independent regulatory agencies; Rulemaking power of independent regulatory agencies in Brazil; Competition law enforcement in regulated sectors; Public procurement - general rules; Reverse auction as a method of public procurement; Public procurement financed by international agencies and multilateral funds in Brazil; The system of protests and appeals in brazilian public biddings law; Public procurement by state governments; Government contracts in brazilian law; Concessions of public service; Public-private partnerships (ppp) in Brazil; An overview of the regulation in the electricity sector in Brazil; Telecommunications law of Brazil; Infrastructure and logistics in the brazilian transportation system; Oil and gas regulation in Brazil; Mining in Brazil - regulatory scenario and opportunities for investment; Waste management regulation in Brazil; Basic sanitation services in Brazil; Environmental licensing in Brasil; Construction contracts in brazilian law and the standard international model contracts; Brazilian corporate taxation; Enforcement of pecuniary credits against state parties; Brazil in the context of international arbitration; Arbitration in Brazil; Recognition of foreign judgments and awards; Part II - Bilingual versions of relevant statutes - Brazilian federal constitution - excerpts; Law n. 8.666/1993 (biddings and government contracts); Law n. 12.462/2011 (creates the differential public procurement regime - rdc) - excerpts; Decree n. 7.546 (regulates the changes to law n. 8.666 made by law n. 12.349 - 'buy national'); Law n. 10.520/2002 (reverse auction); Law n. 8.987/1995 (concessions of public services); Law n. 9.074/1995 (concessions of public services) - excerpts; Law n. 11.079/2004 (public-private partnerships - ppp) - excerpts; Code of civil procedure of 1973 - excerpts; Civil code of 2002 - excerpts; Law n. 9.307/1996 (arbitration); Resolution STJ n. 9/2005 (recognition of foreign judgments); Part III - Additional reference material - Brazilian legislation relating to infrastructure contracts and projects; Brazilian infrastructure law reference websites; Glossary.

Privatising Development

Author: Michael Likosky
Publisher: Martinus Nijhoff Publishers
ISBN: 9004143319
Size: 69.79 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.

International Financial Institutions And International Law

Author: David B. Hunter
Publisher: Kluwer Law International
ISBN: 9041128816
Size: 75.64 MB
Format: PDF
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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.

Human Rights And Scots Law

Author: Alan Boyle
Publisher: Bloomsbury Publishing
ISBN: 1847310206
Size: 75.60 MB
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This book,written by a team of academics, judges and distinguished practitioners from the UK and abroad discusses the implications of the incorporation of the ECHR into Scots law. The contributors consider the impact of the Human Rights Act in light of the new constitutional settlement for Scotland and their experiences of other rights regimes in Europe, the Commonwealth, and the United States. The contributions span the fields of Private, Public, European Community and Comparative law and draw on human rights law and practice in the UK, the European Community, Canada, New Zealand, South Africa, the United States and Sweden, where the ECHR was recently incorporated. Topics include: analyses of the Human Rights Act and Scotland Act; human rights and the law of crime, property, employment, family and private life; Scottish court practice and procedure; Scots law and the European dimension; and building a rights culture in Scotland.

International Law And Developing Countries

Author: Sharif Bhuiyan
Publisher: Martinus Nijhoff Publishers
ISBN: 9004258248
Size: 51.73 MB
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This book celebrates Kamal Hossain’s lifelong and significant contribution to the development of international law and the cause of developing countries. It brings together an interview with Hossain by the editors, and thirteen essays written in his honour by scholars representing a wide spectrum of expertise in international law.

The Twilight Of Human Rights Law

Author: Eric A. Posner
Publisher: Oxford University Press, USA
ISBN: 019931344X
Size: 47.11 MB
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Countries solemnly intone their commitment to human rights, and they ratify endless international treaties and conventions designed to signal that commitment. At the same time, there has been no marked decrease in human rights violations, even as the language of human rights has become the dominant mode of international moral criticism. Posner argues that purposefully unenforceable human rights treaties are at the heart of the world's failure to address human rights violations.

Human Rights And Law Enforcement

Author: Nations Unies. Haut Commissariat aux droits de l'homme
Publisher: United Nations Publications
ISBN: 9789211541472
Size: 68.90 MB
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This publication is part of a package of materials on the conduct of human rights training programmes for police and law enforcement officials, in accordance with the approach developed by the Office of the UN High Commissioner for Human Rights. It includes guidance on effective approaches to human rights training such as learning objectives, participatory techniques, preparation of lesson plans and visual aids, and making presentations; an introduction to human rights; a glossary of terms; and session outlines on a full range of human rights topics; as well as selected court materials and model course programmes.