making sovereign financing and human rights work

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Making Sovereign Financing And Human Rights Work

Author : Juan Pablo Bohoslavsky
ISBN : 9781782253938
Genre : Law
File Size : 63. 58 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.

Sovereign Debt And Human Rights

Author : Ilias Bantekas
ISBN : 9780192538420
Genre : Law
File Size : 79. 3 MB
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Sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out the historical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders. Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt. They outline how such conditions have been shown to exacerbate the debt itself at the expense of economic sovereignty, concluding that such measures worsen the borrower's economic situation, and are injurious to the entrenched rights of peoples.

Solidarity In Eu Law

Author : Andrea Biondi
ISBN : 9781783477784
Genre :
File Size : 21. 20 MB
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The European Union has evolved from a purely economic organisation to a multi-faceted entity with political, social and human rights dimensions. This has created an environment in which the concept of solidarity is gaining a more substantial role in shaping the EU legal order. This book provides both a retrospective assessment and an outlook on the future possibilities of solidarity’s practical and theoretical meaning and legal enforcement in the ever-changing Union.

Business And Human Rights In Europe

Author : Angelica Bonfanti
ISBN : 9780429811258
Genre : Law
File Size : 51. 56 MB
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Transnational business activities are important drivers of growth for developing and the least developed countries. However, they can also negatively impact the enjoyment of human rights. In some cases, multinational enterprises (MNEs) have even been accused of grave human rights abuses in the territory of the states where their subsidiaries operate. Since the parent companies of many MNEs are incorporated under the law of European states, those countries’ domestic law and the European legal framework play a crucial role in establishing how their activities should be conducted – also throughout their supply chains – and which remedies will be available when corporate human rights violations occur. In recent years, the European Union, the Council of Europe and their Member States have been adopting policies and legislation to ensure respect for human rights by businesses and have developed a body of related case law. These legal instruments can be considered the European responses to the challenges posed at international-law level, and they constitute the focus of research of this book. Through its collected chapters – written by scholars and practitioners under the direction of the editor, Angelica Bonfanti – the book identifies the European solutions to the business and human rights international legal issues, provides an overall assessment of their effectiveness, and examines their potential evolution.

Beyond Cdf

Author : Billington Mwangi Gituto
ISBN : STANFORD:36105133578729
Genre : Social Science
File Size : 73. 26 MB
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Advancing The Human Right To Health

Author : José M. Zuniga
ISBN : 9780191637643
Genre : Medical
File Size : 62. 43 MB
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Advancing the Human Right to Health offers a prospective on the global response to one of the greatest moral, legal, and public health challenges of the 21st century - achieving the human right to health as enshrined in the Universal Declaration of Human Rights (UDHR) and other legal instruments. Featuring writings by global thought-leaders in the world of health human rights, the book brings clarity to many of the complex clinical, ethical, economic, legal, and socio-cultural questions raised by injury, disease, and deeper determinants of health, such as poverty. Much more than a primer on the right to health, this book features an examination of profound inequalities in health, which have resulted in millions of people condemned to unnecessary suffering and hastened deaths. In so doing, it provides a thoughtful account of the right to health's parameters, strategies on ways in which to achieve it, and discussion of why it is so essential in a 21st century context. Country-specific case studies provide context for analysing the right to health and assessing whether, and to what extent, this right has influenced critical decision-making that makes a difference in people's lives. Thematic chapters also look at the specific challenges involved in translating the right to health into action. Advancing the Human Right to Health highlights the urgency to build upon the progress made in securing the right to health for all, offering a timely reminder that all stakeholders must redouble their efforts to advance the human right to health.

Making Diplomacy Work

Author : Paul Webster Hare
ISBN : 9781483324388
Genre : Political Science
File Size : 45. 6 MB
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Making Diplomacy Work: Intelligent Innovation for the Modern World takes a fresh look at the practice of diplomacy, setting it in its contemporary context and analyzing the major factors that have changed the nature of the way it is conducted. The book is built on the premise that diplomacy must adapt some of its ritualistic and stale procedures to become more effective in the modern world. It provides a thorough examination of current issues from a diplomatic perspective and offers an extensive array of real-world examples. Author Paul Webster Hare brings 30 years of diplomacy experience to this title; it is a must-have volume for any student of diplomacy.

Sovereign Debt

Author : Robert W. Kolb
ISBN : 1118017552
Genre : Business & Economics
File Size : 40. 34 MB
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An intelligent analysis of the dangers, opportunities, and consequences of global sovereign debt Sovereign debt is growing internationally at a terrifying rate, as nations seek to prop up their collapsing economies. One only needs to look at the sovereign risk pressures faced by Greece, Spain, and Ireland to get an idea of how big this problem has become. Understanding this dilemma is now more important than ever, that's why Robert Kolb has compiled Sovereign Debt. With this book as your guide, you'll gain a better perspective on the essential issues surrounding sovereign debt and default through discussions of national defaults, systemic risk, associated costs, and much more. Historical studies are also included to provide a realistic framework of reference. Contains up-to-date research and analysis on sovereign debt from today's leading practitioners and academics Details the dangers of defaults and their associated systemic risks Explores the past, present, and future of sovereign debt The repercussions of a national default are all-encompassing as global markets are intricately interwoven in the modern world. Sovereign Debt examines what it will take to overcome the challenges of this market and how you can deal with the uncertainty surrounding it.

The Evolution Of International Human Rights

Author : Paul Gordon Lauren
ISBN : 081221854X
Genre : History
File Size : 88. 51 MB
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This widely acclaimed and highly regarded book, embraced by students, scholars, policymakers, and activists, now appears in a new edition. Using the theme of visions seen by those who dreamed of what might be, Lauren explores the dramatic transformation of a world patterned by centuries of traditional structures of authority, gender abuse, racial prejudice, class divisions and slavery, colonial empires, and claims of national sovereignty into a global community that now boldly proclaims that the way governments treat their own people is a matter of international concern--and sets the goal of human rights "for all peoples and all nations." Lauren makes clear the truly universal nature of this movement by drawing into his discussion people and cultures in every part of the globe. In this regard, the book offers particularly remarkable revelations and insights when analyzing the impact of wars and revolutions, non-Western nations, struggles against sexism and racism, liberation movements and decolonization, nongovernmental organizations, and the courage and determination of countless numbers of common men and women who have contributed to the evolution of international human rights. This new edition incorporates the most recent developments of the International Criminal Court, the arrest of Augusto Pinochet and the trial of Slobodan Milosevic, technology and the Internet, the impact of NGOs like Amnesty International and Human Rights Watch, globalization, terrorism, and the aftermath of the September 11 terrorist attacks.

Foreign Direct Investment And Human Development

Author : Olivier De Schutter
ISBN : 9781135128067
Genre : Law
File Size : 49. 6 MB
Format : PDF, Kindle
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This book presents original research that examines the growth of international investment agreements as a means to attract foreign direct investment (FDI) and considers how this affects the ability of capital-importing countries to pursue their development goals. The hope of countries signing such treaties is that foreign capital will accelerate transfers of technologies, create employment, and benefit the local economy through various types of linkages. But do international investment agreements in fact succeed in attracting foreign direct investment? And if so, are the sovereignty costs involved worth paying? In particular, are these costs such that they risk undermining the very purpose of attracting investors, which is to promote human development in the host country? This book uses both economic and legal analysis to answer these questions that have become central to discussions on the impact of economic globalization on human rights and human development. It explains the dangers of developing countries being tempted to 'signal' their willingness to attract investors by providing far-reaching protections to investors' rights that would annul, or at least seriously diminish, the benefits they have a right to expect from the arrival of FDI. It examines a variety of tools that could be used, by capital-exporting countries and by capital-importing countries alike, to ensure that FDI works for development, and that international investment agreements contribute to that end. This uniquely interdisciplinary study, located at the intersection of development economics, international investment law, and international human rights is written in an accessible language, and should attract the attention of anyone who cares about the role of private investment in supporting the efforts of poor countries to climb up the development ladder.

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