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Author: Isabella D Bunn
Publisher: Bloomsbury Publishing
ISBN: 1847319106
Category : Law
Languages : en
Pages : 368
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Book Description
The United Nations is commemorating the 25th anniversary of the 1986 Declaration on the Right to Development, which proclaimed the right to be: 'an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be realized'. The UN now aims to mainstream the right into its policies and operational activities, and is reviewing prospects for an internationally-binding legal instrument. The evolution of the right to development, however, has been dominated by debates about its conceptual validity and practical ramifications. It has been hailed as the cornerstone of the entire human rights system and criticized as a distracting ideological initiative. Questions also persist about the role of the right in reforming the international economic order. This book examines the legal and moral foundations of the right to development, addressing the major issues. It then considers the right to development in the global economy, noting the challenges of globalization and identifying key principles such as differential treatment of developing countries, participation and accountability. It relates the right to broad objectives such as the Millennium Development Goals, the human rights-based approach to development, and environmental sustainability. Implications for international economic law and policy in the areas of trade, development finance and corporate responsibility are assessed. The conclusion looks to the legal and ethical contributions - and limitations - of the right to development in this new context. With an academic and professional background in international law, human rights and moral theology, the author brings a unique interdisciplinary focus to this timely project.
Author: Isabella D Bunn
Publisher: Bloomsbury Publishing
ISBN: 1847319106
Category : Law
Languages : en
Pages : 368
Get Book
Book Description
The United Nations is commemorating the 25th anniversary of the 1986 Declaration on the Right to Development, which proclaimed the right to be: 'an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be realized'. The UN now aims to mainstream the right into its policies and operational activities, and is reviewing prospects for an internationally-binding legal instrument. The evolution of the right to development, however, has been dominated by debates about its conceptual validity and practical ramifications. It has been hailed as the cornerstone of the entire human rights system and criticized as a distracting ideological initiative. Questions also persist about the role of the right in reforming the international economic order. This book examines the legal and moral foundations of the right to development, addressing the major issues. It then considers the right to development in the global economy, noting the challenges of globalization and identifying key principles such as differential treatment of developing countries, participation and accountability. It relates the right to broad objectives such as the Millennium Development Goals, the human rights-based approach to development, and environmental sustainability. Implications for international economic law and policy in the areas of trade, development finance and corporate responsibility are assessed. The conclusion looks to the legal and ethical contributions - and limitations - of the right to development in this new context. With an academic and professional background in international law, human rights and moral theology, the author brings a unique interdisciplinary focus to this timely project.
Author: Georg Schwarzenberger
Publisher: Manchester University Press
ISBN: 9780719004483
Category : Political Science
Languages : en
Pages : 180
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Book Description
Author: Julio Faundez
Publisher: Edward Elgar Publishing
ISBN: 1849806675
Category : Law
Languages : en
Pages : 513
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Book Description
This book is both breathtaking in its scope and impressive in its attention to legal and institutional detail in situating developing countries in the evolving body of international economic law. Essays in this volume canvas most important areas of international economic law, including international trade law, international financial regulation, the regulation of foreign direct investment and multinational corporations, foreign aid, the enforcement of human rights standards and core international labour standards on multinational corporations, international enforcement of anti-corruption conventions, international competition law, international intellectual property rights, and international environmental law. A pervasive theme, compellingly developed, in most of these papers is the asymmetric structure of international institutions that generate rules in these various areas, in which developing countries are mostly rule takers, rather than equal participants. The current global financial crisis may provide a welcome opportunity for re-evaluating these institutional asymmetries. In any such re-evaluation, this book will provide a veritable cornucopia of constructive new insights.
Author: Isabella Bunn
Publisher:
ISBN: 9781472565884
Category : Developing countries
Languages : en
Pages : 368
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Book Description
This book explores the debate about the usefulness of the 1986 UN declaration stating that the right to development is an inalienable human right.
Author: Ernst-Ulrich Petersmann
Publisher: Bloomsbury Publishing
ISBN: 1847319815
Category : Law
Languages : en
Pages : 574
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Book Description
The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.
Author: F. V. García Amador
Publisher:
ISBN: 9780379202212
Category : Commerce extérieur - Réglementation
Languages : en
Pages : 286
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Book Description
Author: Trevor R. S. Allan
Publisher: Oxford University Press, USA
ISBN: 9780199267880
Category : Law
Languages : en
Pages : 348
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Book Description
Scope of Judicial Review
Author: Freya Baetens
Publisher: Martinus Nijhoff Publishers
ISBN: 9004270191
Category : Business & Economics
Languages : en
Pages : 279
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Book Description
Confronted with today’s global interdisciplinary challenges, international economic law offers a myriad of legal tools to provide both procedural and substantive solutions. Frontiers of International Economic Law: Legal Tools to Confront Interdisciplinary Challenges will appeal to those interested in the general theory of international economic law, but also readers looking for innovative answers to practical questions will also be pleased to find a broad array of topics structured along four frontier themes: facing economic crises and uncertainties, confronting environmental challenges, considering human rights and development objectives, and finally, regulating energy transit and new technologies. The contributions presented here will help to push forward, through promoting and developing the rule of law, the – at times contentious – frontiers of international economic law.
Author: Subrata Roy Chowdhury
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792316824
Category : Political Science
Languages : en
Pages : 450
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Book Description
2.3 BITs v CERDS.
Author: Matthias Herdegen
Publisher: Oxford University Press
ISBN: 0198897839
Category : Business & Economics
Languages : en
Pages : 657
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Book Description
Herdegen's Principles of International Economic Law has established itself as a leading textbook in the field. This fully updated third edition covers areas of growing relevance in international economic law, including corporate social responsibility, challenges for WTO law, the impact of human rights and environmental law, and cryptocurrencies.
