Making Sovereign Financing And Human Rights Work

Author: Juan Pablo Bohoslavsky
Publisher: Bloomsbury Publishing
ISBN: 1782253939
Size: 30.55 MB
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Poor public resource management and the global financial crisis curbing fundamental fiscal space, millions thrown into poverty, and authoritarian regimes running successful criminal campaigns with the help of financial assistance are all phenomena that raise fundamental questions around finance and human rights. They also highlight the urgent need for more systematic and robust legal and economic thinking about sovereign finance and human rights. This edited collection aims to contribute to filling this gap by introducing novel legal theories and analyses of the links between sovereign debt and human rights from a variety of perspectives. These chapters include studies of financial complicity, UN sanctions, ethics, transitional justice, criminal law, insolvency proceedings, millennium development goals, global financial architecture, corporations, extraterritoriality, state of necessity, sovereign wealth and hedge funds, project financing, state responsibility, international financial institutions, the right to development, UN initiatives, litigation, as well as case studies from Africa, Asia and Latin America. These chapters are then theorised by the editors in an introductory chapter. In July 2012 the UN Human Rights Council finally issued its own guidelines on foreign debt and human rights, yet much remains to be done to promote better understanding of the legal and economic implications of the interface between finance and human rights. This book will contribute to that understanding as well as help practitioners in their everyday work. The authors include world-renowned lawyers and economists, experienced practitioners and officials from international organisations.

Necessary Evil

Author: David Kinley
Publisher: Oxford University Press
ISBN: 0190691131
Size: 71.27 MB
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Finance governs almost every aspect of modern life. Every day, we use the financial system to mortgage our homes, to insure our health, to invest in our futures through education and pension funds, to feed and clothe ourselves, to be paid for our labor, and to help others in need. As the fuel of capitalism, finance has been a major force for human progress for centuries. Yet it has periodically generated disasters too, from the Great Depression to the recent sub-prime mortgage crisis. In writing Necessary Evil, eminent human rights law scholar David Kinley spent ten years immersed in researching finance's many facets--from how it is raised and what it is spent on, to when it is gambled and who wins and who loses--to produce this unique account of how finance works from a human rights perspective. He argues that while finance has historically facilitated many beneficial trends in human well-being, a sea change has occurred in the past quarter century. Since the end of the Cold War, the finance sector's power has grown by leaps and bounds, to the point where it is now out of control. Oversight of the sector has been weakened by deregulation, as powerful lobbyists have persuaded our leaders that what is good for finance is good for the economy as a whole. Kinley shows how finance has become society's master rather than its servant, and how, as a consequence, human rights concerns are so often ignored, sidelined, or crushed. Using episodes of financial malfeasance from around the globe--from the world's banking capitals to the mines of central Africa and the factories of East Asia--Kinley illustrates how the tools of international finance time and time again fail to advance the human condition. Kinley also suggests financial policies that can help protect and promote human rights and thereby regain the public trust and credibility it has so spectacularly lost over the past decade. An authoritative account of the extraordinary social consequences of the financial system at the heart of the world's economy, Necessary Evil will be an essential tool for anyone committed to making global capitalism a fairer and more effective vehicle for improving the lives of many, and not just providing for the comfort of a few.

Building A Treaty On Business And Human Rights

Author: Surya Deva
Publisher: Cambridge University Press
ISBN: 1108196160
Size: 56.72 MB
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The calls for an international treaty to elaborate the human rights obligations of transnational corporations and other business enterprises have been rapidly growing, due to the failures of existing regulatory initiatives in holding powerful business actors accountable for human rights abuses. In response, Building a Treaty on Business and Human Rights explores the context and content of such a treaty. Bringing together leading academics from around the world, this book engages with several key areas: the need for the treaty and its scope; the nature and extent of corporate obligations; the role of state obligations; and how to strengthen remedies for victims of human rights violations by business. It also includes draft provisions for a proposed treaty to advance the debate in this contentious area and inform future treaty negotiations. This book will appeal to those interested in the fields of corporate social responsibility and business and human rights.

Towards Convergence In International Human Rights Law

Author: Carla M. Buckley
Publisher: BRILL
ISBN: 9004284257
Size: 65.68 MB
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In this edited collection, leading jurists and scholars examine how far regional and international human rights bodies borrow from and influence each other in their decisions and practices – and whether international human rights law is heading towards fragmentation or greater coherence.

Sovereign Emergencies

Author: Patrick William Kelly
Publisher: Cambridge University Press
ISBN: 1107163242
Size: 73.13 MB
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Shows how Latin America was the crucible of the global human rights revolution of the 1970s.

Sovereign Debt And Human Rights

Author: Ilias Bantekas
Publisher:
ISBN: 9780198810445
Size: 16.22 MB
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Sovereign debt is necessary for states to function, yet its impact on human rights is underexplored. Bantekas and Lumina gather experts to conclude that imposing structural adjustment programmes exacerbates debt, injures the entrenched rights of peoples and their state's economic sovereignty, and worsens the borrower's economic situation.

Human Rights Activism And The End Of The Cold War

Author: Sarah B. Snyder
Publisher: Cambridge University Press
ISBN: 1139498924
Size: 25.46 MB
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Two of the most pressing questions facing international historians today are how and why the Cold War ended. Human Rights Activism and the End of the Cold War explores how, in the aftermath of the signing of the Helsinki Final Act in 1975, a transnational network of activists committed to human rights in the Soviet Union and Eastern Europe made the topic a central element in East-West diplomacy. As a result, human rights eventually became an important element of Cold War diplomacy and a central component of détente. Sarah B. Snyder demonstrates how this network influenced both Western and Eastern governments to pursue policies that fostered the rise of organized dissent in Eastern Europe, freedom of movement for East Germans and improved human rights practices in the Soviet Union - all factors in the end of the Cold War.

Beyond Cdf

Author: Billington Mwangi Gituto
Publisher:
ISBN:
Size: 66.68 MB
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Individual Rights And The Making Of The International System

Author: Christian Reus-Smit
Publisher: Cambridge University Press
ISBN: 1107292204
Size: 71.18 MB
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We live today in the first global system of sovereign states in history, encompassing all of the world's polities, peoples, religions and civilizations. Christian Reus-Smit presents a new account of how this system came to be, one in which struggles for individual rights play a central role. The international system expanded from its original European core in five great waves, each involving the fragmentation of one or more empires into a host of successor sovereign states. In the most important, associated with the Westphalian settlement, the independence of Latin America, and post-1945 decolonization, the mobilization of new ideas about individual rights challenged imperial legitimacy, and when empires failed to recognize these new rights, subject peoples sought sovereign independence. Combining theoretical innovation with detailed historical case studies, this book advances a new understanding of human rights and world politics, with individual rights deeply implicated in the making of the global sovereign order.

The Human Rights Based Approach To Carbon Finance

Author: Damilola S. Olawuyi
Publisher: Cambridge University Press
ISBN: 110710551X
Size: 15.26 MB
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Outlines a human rights-based approach to carbon finance, a framework for mainstreaming human rights into carbon project implementation.