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Author: Roger Brownsword
Publisher: Bloomsbury Publishing
ISBN: 1847310230
Category : Law
Languages : en
Pages : 250
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Book Description
This book - one in the four-volume set, Global Governance and the Quest for Justice - focuses on human rights in the context of 'globalisation' together with the principle of 'respect for human rights and human dignity' viewed as one of the foundational commitments of a legitimate scheme of global governance. The first part of the book deals with the ways in which 'globalisation' impacts on established commitments to respect human rights. When human rights are set against, or alongside, potentially competing priorities, such as 'security' or 'economy' how well do they fare? Does it make any difference whether human rights commitments are expressed in dedicated free-standing instruments or incorporated as side-constraints (or 'collaterally') in larger multi-functional instruments? In this light, does it make sense to view a trade-centred community such as the EU as a prospective regional model for human rights? The second part of the book debates the coherence of a global order committed to respect for human rights and human dignity as one of its founding principles. If 'globalisation' aspires to export and spread respect for human rights, the thrust of the papers in this volume is that it could do better, that legitimate global governance demands that it does a great deal better, and that lawyers face a considerable challenge in developing a coherent jurisprudence of fundamental values as the basis for a just global order.
Author: Roger Brownsword
Publisher: Bloomsbury Publishing
ISBN: 1847310230
Category : Law
Languages : en
Pages : 250
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Book Description
This book - one in the four-volume set, Global Governance and the Quest for Justice - focuses on human rights in the context of 'globalisation' together with the principle of 'respect for human rights and human dignity' viewed as one of the foundational commitments of a legitimate scheme of global governance. The first part of the book deals with the ways in which 'globalisation' impacts on established commitments to respect human rights. When human rights are set against, or alongside, potentially competing priorities, such as 'security' or 'economy' how well do they fare? Does it make any difference whether human rights commitments are expressed in dedicated free-standing instruments or incorporated as side-constraints (or 'collaterally') in larger multi-functional instruments? In this light, does it make sense to view a trade-centred community such as the EU as a prospective regional model for human rights? The second part of the book debates the coherence of a global order committed to respect for human rights and human dignity as one of its founding principles. If 'globalisation' aspires to export and spread respect for human rights, the thrust of the papers in this volume is that it could do better, that legitimate global governance demands that it does a great deal better, and that lawyers face a considerable challenge in developing a coherent jurisprudence of fundamental values as the basis for a just global order.
Author: Sorcha MacLeod
Publisher: Bloomsbury Publishing
ISBN: 1847312888
Category : Law
Languages : en
Pages : 276
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Book Description
This book - one in the four-volume set, Global Governance and the Quest for Justice - focuses on the role of corporations in an increasingly globalised world. Against the backcloth of perceived abuse of corporate power - alleged violations of human rights, degradation of the environment, abuse of labour, Enron-style financial scandals, and the like - the chapters in this collection examine the nature and function of the corporation as well as the way in which we should understand corporate governance and the power of transnational corporations. Central to the question is the issue of accountability, as well as the questions of social and environmental responsibility - here the authors ask whether corporations should be more accountable relative to the broader public interest, and suggest that public law approaches to accountability may offer a way forward. Consideration is also given to the most appropriate regulatory locus (local, regional, or international) and the most effective form of response to the deficit in corporate responsibility and the abuse of corporate power. For example, are transnational corporations most effectively regulated internationally (e.g., by the United Nations), regionally (e.g., by the EU or NAFTA) or locally (e.g., through stringent reporting requirements and implementation of triple bottom line standards)?
Author: Douglas Lewis
Publisher: Bloomsbury Publishing
ISBN: 1847312586
Category : Law
Languages : en
Pages : 266
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Book Description
This book - one in the four-volume set, Global Governance and the Quest for Justice - focuses on the international and regional organisations that represent the key players in the evolving global order. The papers in this collection seek to map the real world of global governance - exploring who governs and how, what the leading international and regional organisations claim to do and what they actually do - as well as assessing the gap between the ideal of constitutionalised global governance and the actuality of governance under globalisation. The contributors discuss what it would mean for global governance to aspire to Rule of Law standards of transparency, accountability and participation together with categorical respect for human rights. In this collection, the perspective of modern public lawyers is systematically applied to the governance deficit associated with globalisation and to its institutional correction in pursuit of a legitimate regime of global governance.
Author: Peter Odell
Publisher: Bloomsbury Publishing
ISBN: 1847314686
Category : Law
Languages : en
Pages : 182
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Book Description
This book - one in the four-volume set,Global Governance and the Quest for Justice - focuses on themes of citizen organisation and empowerment set in the context of globalising legal processes. Chapter One sets the scene. Chapters Two, Three and Four focus on various challenges that globalisation poses for private law. How does substantive contract and tort doctrine that has been developed (mainly) for use within national legal systems adapt to more globalised dealings and wrongdoings? Should the source of regulation be private international law, harmonised national law, international accords (or some combination)? Chapters Five, Six and Seven focus on issues relating to access to justice (as a mode of empowerment) and its impact on the functioning of civil society. These chapters highlight a variety of procedural, professional and institutional challenges for access to justice in a globalised world. Chapter Eight considers how we are to reconcile the competing visions of the basis on which essential services are to be provided. In a global marketplace, is there any room for local values or for values other than those of free-market thinking? Finally, Chapter Nine focuses on the question of democracy in a globalised world. If civil society is to retain its political vitality, how are citizens to remain engaged and enfranchised as a new global politico-legal order takes shape?
Author: Azizur Rahman Chowdhury
Publisher: BRILL
ISBN: 9047444027
Category : Law
Languages : en
Pages : 316
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Book Description
This book is designed to provide an overview of the development and substance of international human rights law, and what is meant concretely by human rights guarantees, such as civil and political rights, and economic and social rights. It highlights the rights of women, globalization and human rights education. The book also explores domestic, regional and international endeavors to protect human rights. The history and role of human rights NGOs coupled with an analysis of diverse international mechanisms are succinctly woven into the text, which well reflects the scholarship and erudition of the authors. This lucidly written and timely volume will be of great help to anyone seeking to understand this area of law, be they students, lawyers, scholars, government officials, staff of international and non-international organizations, human rights activists or lay readers.
Author: Joseph Stiglitz
Publisher: Columbia University Press
ISBN: 0231156863
Category : Political Science
Languages : en
Pages : 434
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Book Description
Some have suggested that the turmoil in the eurozone "proves" the deficiencies in the welfare state. This book argues that the superior performance of the Scandinavian countries arises from their superior systems of social protection, which allow their citizens to undertake greater risk and more actively participate in globalization. Others suggest that we can address terrorism or transnational crimes through the strengthening of borders or long distance wars. This book develops the proposition that such approaches have the opposite effect and that only through spreading the kind of human security experienced in well-ordered societies can these dangers be managed. This book also examines how these global changes play out not only in the relations among countries and the management of globalization but at every level of our society--
Author: Anne Hughes
Publisher: PULP
ISBN: 1920538216
Category : Civil rights
Languages : en
Pages : 659
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Book Description
Post-apartheid South Africa has yielded enlightened judicial decisions in contrast to the limited interpretation of human rights in Ireland. The value of human dignity with its central position in international law underpins both countries’ Constitutions, but has left a more striking mark in South Africa. There it has impacted significantly on punishment for crimes, family life, children’s rights, defamation, sexual violence investigations, substantive equality and socio-economic rights. Practical guidance can be gleaned from South Africa to revitalise Irish jurisprudence. While its focus is on South Africa and Ireland, this book draws on the experience of many countries and regions.
Author: Jennifer Gunning
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754645832
Category : Law
Languages : en
Pages : 330
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Book Description
This key collection brings together a selection of papers commissioned and published by the Cardiff Centre for Ethics, Law & Society. It incorporates contributions from a group of international experts along with a selection of short opinion pieces written in response to specific ethical issues. The collection addresses issues arising in biomedical and medical ethics ranging from assisted reproductive technologies to the role of clinical ethics committees. It examines broader societal issues with particular emphasis on sustainability and the environment and also focuses on issues of human rights in current global contexts. The contributors collect responses to issues arising from high profile cases such as the legitimacy of war in Iraq to physician-related suicide. The volume will provide a valuable resource for practitioners and academics with an interest in ethics across a range of disciplines.
Author: Laura Westra
Publisher: Earthscan
ISBN: 1849770085
Category : Law
Languages : en
Pages : 321
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Book Description
Climate change and other environmental problems are increasingly leading to the displacement of populations from their homelands, whether this be through drought, flooding, famine or other causes. Worse, there is currently no protection in international law for people made refugees by such means.
Author: Laura Westra
Publisher: Earthscan
ISBN: 1849771170
Category : Law
Languages : en
Pages : 365
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Book Description
More than 300 million people in over 70 countries make up the worlds indigenous populations. Yet despite ever-growing pressures on their lands, environment and way of life through outside factors such as climate change and globalization, their rights in these and other respects are still not fully recognized in international law.In this incisive book, Laura Westra deftly reveals the lethal effects that damage to ecological integrity can have on communities. Using examples in national and international case law, she demonstrates how their lack of sufficient legal rights leaves indigenous peoples defenceless, time and again, in the face of governments and businesses who have little effective incentive to consult with them (let alone gain their consent) in going ahead with relocations, mining plans and more. The historical background and current legal instruments are discussed and, through examples from the Americas, Africa, Oceania and the special case of the Arctic, a picture emerges of how things must change if indigenous communities are to survive. It is a warning to us all from the example of those who live most closely in tune with nature and are the first to feel the impact when environmental damage goes unchecked.
