Property And Human Rights In A Global Context

Author: Ting Xu
Publisher: Bloomsbury Publishing
ISBN: 1509901736
Size: 39.57 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 Human Rights Law In A Global Context

Author: Felipe Gómez Isa
Publisher: Universidad de Deusto
ISBN: 8498308135
Size: 65.68 MB
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The international human rights system remains as dynamic as ever. If at the end of the last century there was a sense that the normative and institutional development of the system had been completed and that the emphasis should shift to issues of implementation, nothing of the sort occurred. Even over the last few years significant changes happened, as this book amply demonstrates. We hope that this Manual makes a contribution to the development of International Human Rights Law and is of interest for those working in the field of promotion and protection of human rights. The book is the result of a joint project under the auspices of HumanitarianNet, a Thematic Network led by the University of Deusto, and the European Inter-University Centre for Human Rights and Democratisation (EIUC, Venice).

Human Rights And Intellectual Property

Author: Laurence R. Helfer
Publisher: Cambridge University Press
ISBN: 1139496913
Size: 57.93 MB
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This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.

Religious Human Rights In Global Perspective

Author: Jr. Witte, John
Publisher: Wm. B. Eerdmans Publishing
ISBN: 9780802848550
Size: 77.10 MB
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The legal traditions of Christianity, Judaism, and Islam have contributed much to the cultivation and violation of religious human rights around the world. In this volume Desmond Tutu, Martin Marty, and twenty leading scholars offer an authoritative assessment of these contributions and challenge people of all faiths to adopt "golden rules of religious liberty."

Human Rights In Global Perspective

Author: Jon P. Mitchell
Publisher: Routledge
ISBN: 1134409745
Size: 75.88 MB
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In the West we frequently pay lip service to universal notions of human rights. But do we ever consider how these work in local contexts and across diverse cultural and ethical structures? Do human rights agendas address the problems many people face, or are they more often the imposition of Western values onto largely non-Western communities? Human Rights in a Global Perspective develops a social critique of rights agendas. It provides an understanding of how rights discussions and institutions can construct certain types of subjects such as victims and perpetrators, and certain types of act, such as common crimes and crimes against humanity. Using examples from the United States, Europe, India and South Africa, the authors restore the social dimension to rights processes and suggest some ethical alternatives to current practice.

Constructing Human Rights In The Age Of Globalization

Author: Mahmood Monshipouri
Publisher: M.E. Sharpe
ISBN: 9780765611383
Size: 73.50 MB
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Both human rights and globalization are powerful ideas and processes, capable of transforming the world in profound ways. Notwithstanding their universal claims, however, the processes are constructed, and they draw their power from the specific cultural and political contexts in which they are constructed. Far from bringing about a harmonious cosmopolitan order, they have stimulated conflict and opposition. In the context of globalization, as the idea of human rights has become universal, its meaning has become one more terrain of struggle among groups with their own interests and goals. Part I of this volume looks at political and cultural struggles to control the human rights regime -- that is, the power to construct the universal claims that will prevail in a territory -- with respect to property, the state, the environment, and women. Part II examines the dynamics and counterdynamics of transnational networks in their interactions with local actors in Iran, China, and Hong Kong. Part III looks at the prospects for fruitful human rights dialogue between "competing universalisms" that by definition are intolerant of contradiction and averse to compromise. Selected Contents: Introduction: Observing Human Rights in the Age of GlobalizationPart I. The Struggle to Control the Human Rights RegimePart II. The Dynamics and Counterdynamics of GlobalizationPart III. Setting the Terms of Debate: Pursuing Global Consensus

Constituting Europe

Author: Andreas Føllesdal
Publisher: Cambridge University Press
ISBN: 110706743X
Size: 25.80 MB
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At fifty, the European Court of Human Rights finds itself in a new institutional setting. With the EU joining the European Convention on Human Rights in the near future, and the Court increasingly having to address the responsibility of states in UN-led military operations, the Court faces important challenges at the national, European and international levels. In light of recent reform discussions, this volume addresses the multi-level relations of the Court by drawing on existing debates, pointing to current deficits and highlighting the need for further improvements.

Gender Equality In A Global Perspective

Author: Anders Ortenblad
Publisher: Routledge
ISBN: 1317274229
Size: 51.44 MB
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Gender Equality in a Global Perspective looks to discuss whether Gender Equality can be adopted as it has been defined in international documents anywhere, or whether it needs to be adapted in a more local context; discuss which factors and perspectives need to be taken into account when adapting Gender Equality to specific contexts; suggest research approaches for studies on whether a universal (Western) concept of Gender Equality fits in certain specific contexts; and finally suggests challenges to the existing interpretation of Gender Equality (e.g., theory of intersectionality); and the development of legal and policy framework. This book is situated within the tradition of comparative gender studies. While most other such books take up and compare various ways of implementing (or not implementing) gender equality, this book studies and compares whether or not (and to what extent) a specific definition of Gender Equality (GE) could be adopted by various nations. Thus, all chapter contributors will engage with the same definition of GE, which will be presented within the book, and discuss the possibilities and constrains related to applying such a definition in their particular national context. The readers will learn about the problems of applying a universal concept of Gender Equality and the possible reasons for and modes of adapting Gender Equality to different contexts. Gender Equality in a Global Perspective looks to maintain a critical and reflexive stance towards the issues raised and will seek to present multiple perspectives and open-ended answers. As such it hopes to contribute to the international discussion of human rights more broadly and Gender Equality specifically. The intended audience is not limited only to but will include policy makers, scholars and students with an interest in Gender issues, Organizational Theory, Political Science, Human Development, Policy Analysis, Globalization and other management sub-disciplines.