Litigating Transnational Human Rights Obligations PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Litigating Transnational Human Rights Obligations PDF full book. Access full book title Litigating Transnational Human Rights Obligations by Mark Gibney. Download full books in PDF and EPUB format.
Author: Mark Gibney
Publisher: Routledge
ISBN: 1135121052
Category : Law
Languages : en
Pages : 385
Get Book Here
Book Description
Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law. This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character. The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.
Author: Mark Gibney
Publisher: Routledge
ISBN: 1135121052
Category : Law
Languages : en
Pages : 385
Get Book Here
Book Description
Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law. This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character. The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.
Author: Takele Soboka Bulto
Publisher: Cambridge University Press
ISBN: 110751231X
Category : Political Science
Languages : en
Pages : 325
Get Book Here
Book Description
International human rights law has only recently concerned itself with water. Instead, international water law has regulated the use of shared rivers, and only states qua states could claim rights and bear duties towards each other. International human rights law has focused on its principal mission of taming the powers of a state acting territorially. Takele Soboka Bulto challenges the established analytic boundaries of international water law and international human rights law. By demonstrating the potential complementarity between the two legal regimes and the ensuing utility of regime coordination for the establishment of the human right to water and its extraterritorial application, he also shows that human rights law and the international law of watercourses can apply in tandem with the purpose of protecting non-national non-residents in Africa and beyond.
Author: Austin Sarat
Publisher: University of Michigan Press
ISBN: 0472023616
Category : Law
Languages : en
Pages : 324
Get Book Here
Book Description
The idea of legal rights today enjoys virtually universal appeal, yet all too often the meaning and significance of rights are poorly understood. The purpose of this volume is to clarify the subject of legal rights by drawing on both historical and philosophical legal scholarship to bridge the gap between these two genres--a gap that has divorced abstract and normative treatments of rights from an understanding of their particular social and cultural contexts. Legal Rights: Historical and Philosophical Perspectives shows that the meaning and extent of rights has been dramatically expanded in this century, though along with the widespread and flourishing popularity of rights, voices of criticism have increasingly been raised. The authors take up the question of the foundation of rights and explore the postmodern challenges to efforts to ground rights outside of history and language. Drawing rich historical analysis and careful philosophical inquiry into productive dialogue, this book explores the many facets of rights at the end of the twentieth century. In these essays, potentially abstract debates come alive as they are related to the struggles of real people attempting to cope with, and improve, their living conditions. The significance of legal rights is measured not just in terms of philosophical categories or as a collection of histories, but as they are experienced in the lives of men and women seeking to come to terms with rights in contemporary life. Contributors are Hadley Arkes, William E. Cain, Thomas Haskell, Morton J. Horwitz, Annabel Patterson, Michael J. Perry, Pierre Schlag, and Jeremy Waldron. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
Author: Claire Breen
Publisher: Routledge
ISBN: 131714628X
Category : Law
Languages : en
Pages : 235
Get Book Here
Book Description
This text comprises cutting-edge research on one of the greatest global challenges: the failure to address systematic economic and social exclusion, and attendant violations of economic and social rights (ESR), as a driver of conflict. The text explores what the UN's obligation to maintain international peace and security can mean when it is informed by the requirement to protect and promote ESR, rights that play a crucial role in maintaining international peace and security but which are often overlooked. The book considers the extent to which Security Council mandated peace operations have been informed by human rights and efforts to promote economic and social development. The approach is to analyse the extent to which the Security Council has interacted with the General Assembly, the Economic and Social Council as well as other Charter-based mechanisms such as the Human Rights Council, and its predecessor, with particular reference to the role of the Special Procedure Mechanisms. The role of the UN High Commissioner for Human Rights is also considered. In this way, the text shows that the connection between peace and security and human rights is well recognised by these organs. In addition, the text considers States’ ESR obligations stemming from the extraterritorial application of such rights in the context of peace operations. Given that States’ obligations stemming from ESR have often been neglected, the book examines how such provision could be improved using ESR-grounded plans reflecting the rights to health, food, water, education, work and life. The text concludes with a call to reimagine what international peace and security can look like when it is informed by the need to recognise the emergence of post-conflict legal obligations based on broader concepts of international peace and security that draw from ESR. This text will appeal to legal scholars, policy advisors, members of the military, those working in the area of development, NGOs and final-year undergraduate and/or postgraduate students working in the areas of international law, political science and international relations, and associated fields of research.
Author: Carl Wellman
Publisher: Oxford University Press
ISBN: 0195357388
Category : Philosophy
Languages : en
Pages : 288
Get Book Here
Book Description
Real Rights offers a new theory of the grounds of legal and moral rights, thereby providing a platform from which to determine whether alleged rights are "real" or not. In particular, Wellman conceives of a legal or moral right as a complex of liberties, claims, powers, and immunities, and distinguishes the kinds of laws and moral reasons that can ground each of these. The book argues that only agents can be right-holders, that children and the mentally-limited can have only limited rights, while fetuses, the dead, and groups can have none. It also discusses the duties implied by any real right, as well as the kinds of considerations (including conflicting rights) that could override implied duties. This original and systematic discussion of the grounds of rights should interest a wide range of scholars and practitioners in philosophy, law, and political science.
Author: Imad Antoine Ibrahim
Publisher: Taylor & Francis
ISBN: 1040165184
Category : Law
Languages : en
Pages : 141
Get Book Here
Book Description
This book examines the development of international law applicable to Transboundary Aquifers (TBAs) considering the Human Right to Water and Sanitation (HRWS). The purpose is to determine how International Water Law (IWL) and the HRWS can be harmonized in the context of TBAs. This is important given rules and instruments adopted to address this topic are relatively nascent, and the field itself is still in the process of developing regulatory frameworks. Taking the application of the HRWS to shared aquifers as a case study, the work discusses whether IWL and International Human Rights Law complement each other. The response to this question requires an analysis of the development of International Groundwater Law and its challenges, the evolution of the HRWS, the nature of transboundary groundwaters, and the interplay between these two fields. The author argues that IWL agreements should contain a provision related to the HRWS to ensure the protection of this right with a stipulation included in the nonbinding instrument that tackles shared groundwaters: the Draft Articles on the Law of Transboundary Aquifers adopted in 2008 through the United Nations General Assembly Resolution. The book will be of interest to international lawyers, water and human right experts, geologists, and anyone interested in water and human rights issues.
Author: Lloyd C. Williams
Publisher: Bloomsbury Publishing USA
ISBN: 0313011540
Category : Business & Economics
Languages : en
Pages : 230
Get Book Here
Book Description
For organizational and personal change to happen and be sustainable, there must first be a system of thought balanced against action. Williams and his concept of congruence provide an alternative to the often chaotic, unbalanced ways in which change is currently understood and its accomplishment attempted. He challenges the organizational model of compartmentalized structures, offers a persuasive refutation of the fashionable paradigm of organizational transformation (one based on dominance and control), and argues a provocative notion that innovation is actually the successful result of reworking what has not worked before. A new look at the processes that create organizational movement, Williams' latest book is a guide for leaders, managers, consultants, and corporate practitioners, and a new way for students, teachers, and researchers to rethink the entire change process. Williams has found through his own experience that people focus too closely on the action behaviors of organizations and too little on the thinking behind them. The result is that gaps open up and create pitfalls in our efforts to achieve excellence in human and organizational performance. Williams suggests that organizations innovate themselves into failure. To counter this, he provides a true systemic approach to enhancing organizational performance, a system of what he visualizes as congruence, a way to fit thoughts to actions. It is as much a way of thinking, says Williams, as it is a method toward goals—goals that are clear and essential to the survival of any organization. Drawing liberally upon his own expertise as a teacher, consultant, and therapist, he helps others to appreciate the successes that can be realized when balance and the alignment of thought and action are achieved, and when the search for change becomes a planned, focused, and systemic endeavor.
Author: Lupri
Publisher: BRILL
ISBN: 9004476717
Category : Social Science
Languages : en
Pages : 478
Get Book Here
Book Description
Author: Jeremy Allouche
Publisher: Routledge
ISBN: 1351805533
Category : Business & Economics
Languages : en
Pages : 151
Get Book Here
Book Description
The world of development thinkers and practitioners is abuzz with a new lexicon: the idea of "the nexus" between water, food, and energy which is intuitively compelling. It promises better integration of multiple sectoral elements, a better transition to greener economies, and sustainable development. However, there appears to be little agreement on its precise meaning, whether it only complements existing environmental governance approaches or how it can be enhanced in national contexts. One current approach to the nexus treats it as a risk and security matter while another treats it within economic rationality addressing externalities across sector. A third perspective acknowledges it as a fundamentally political process requiring negotiation amongst different actors with distinct perceptions, interests, and practices. This perspective highlights the fact that technical solutions for improving coherence within the nexus may have unintended and negative impacts in other policy areas, such as poverty alleviation and education. The Water–Food–Energy Nexus: Power, Politics and Justice lays out the managerial-technical definitions of the nexus and challenges these conceptions by bringing to the forefront the politics of the nexus, around two key dimensions – a dynamic understanding of water–food–energy systems, and a normative positioning around nexus debates, in particular around social justice. The authors argue that a shift in nexus governance is required towards approaches where limits to control are acknowledged, and more reflexive/plural strategies adopted. This book will be of interest to academic researchers, policy makers, and practitioners in the fields of international development studies, environmental politics, and science and technology studies, as well as international relations.
Author: Gerhard Bos
Publisher: Routledge
ISBN: 1317351762
Category : Business & Economics
Languages : en
Pages : 256
Get Book Here
Book Description
The history of human rights suggests that individuals should be empowered in their natural, political, political, social and economic vulnerabilities. States within the international arena hold each other responsible for doing just that and support or interfere where necessary. States are to protect these essential human vulnerabilities, even when this is not a matter of self-interest. This function of human rights is recognized in contexts of intervention, genocide, humanitarian aid and development. This book develops the idea of environmental obligations as long-term responsibilities in the context of human rights. It proposes that human rights require recognition that, in the face of unsustainable conduct, future human persons are exposed and vulnerable. It explores the obstacles for long-term responsibilities that human rights law provides at the level of international and national law and challenges the question of whether lifestyle restrictions are enforceable in view of liberties and levels of wellbeing typically seen as protected by human rights. The book will be of interest to postgraduates studying Human Rights, Sustainability, Law and Philosophy.
