Participation and Democratic Innovation under International Human Rights Law PDF Download
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Author: Nicholas McMurry
Publisher: Taylor & Francis
ISBN: 1000864693
Category : Law
Languages : en
Pages : 284
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Book Description
This book explores the human rights principle of participation and the human right to participation. The work presents an argument that international human rights law imposes obligations to enable participation, and demonstrates that it has been interpreted in this way by authoritative bodies. Divided into four parts, Part I provides the historical and theoretical background. Part II presents the argument that a right to participation and a human rights principle of participation exist in international law and Part III argues that human rights law, and the way it has been interpreted, can provide a coherent account of the content of such a right and principle. The conclusions of the book and their implications are explored in Part IV. While there have been several studies of specific forms of participation, such as collective bargaining, this study provides a coherent account of the meaning and application of participation in international human rights law as a whole. The book will be an invaluable resource for academics, researchers, and policy-makers working in the area of international human rights law.
Author: Nicholas McMurry
Publisher: Taylor & Francis
ISBN: 1000864693
Category : Law
Languages : en
Pages : 284
Get Book Here
Book Description
This book explores the human rights principle of participation and the human right to participation. The work presents an argument that international human rights law imposes obligations to enable participation, and demonstrates that it has been interpreted in this way by authoritative bodies. Divided into four parts, Part I provides the historical and theoretical background. Part II presents the argument that a right to participation and a human rights principle of participation exist in international law and Part III argues that human rights law, and the way it has been interpreted, can provide a coherent account of the content of such a right and principle. The conclusions of the book and their implications are explored in Part IV. While there have been several studies of specific forms of participation, such as collective bargaining, this study provides a coherent account of the meaning and application of participation in international human rights law as a whole. The book will be an invaluable resource for academics, researchers, and policy-makers working in the area of international human rights law.
Author: Carol C. Gould
Publisher: Cambridge University Press
ISBN: 9780521541275
Category : Philosophy
Languages : en
Pages : 292
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Book Description
In her new book Carol Gould addresses the fundamental issue of democratizing globalization, that is to say of finding ways to open transnational institutions and communities to democratic participation by those widely affected by their decisions.The book develops a framework for expanding participation in crossborder decisions, arguing for a broader understanding of human rights and introducing a new role for the ideas of care and solidarity at a distance. Accessibly written with a minimum of technical jargon this is a major new contribution to political philosophy.
Author: Graham Smith
Publisher: Cambridge University Press
ISBN: 0521514770
Category : Political Science
Languages : en
Pages : 231
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Book Description
This book examines democratic innovations from around the world, drawing lessons for the future development of both democratic theory and practice.
Author: Louisa Ashley
Publisher: Taylor & Francis
ISBN: 1040126278
Category : Law
Languages : en
Pages : 319
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Book Description
Incoherence is a term that is all too often associated with the public international law regime. To a great extent, its incoherence is arguably a natural consequence of the fragmented nature of both the development and overall scope of the discipline. Despite significant achievements since the Universal Declaration of Human Rights (1948), a coherent human rights regime that is properly integrated with other branches of public international law is still lacking. This book explores this incoherent approach to human rights, including specific challenges that arise as a result of the creation and regulation of legal relationships between parties (state and non-state) that sit outside of the human rights framework, with a view to considering how it may be remedied. Divided into three parts, the collection provides a critical exploration of various challenges and barriers related to the absence of human rights in some instances, contemporary emergence of rights, and a lack of rights fulfilment in others. These three situations are considered within the wider context of, and difficulties facing, a human rights-based approach to international law. Each of the three parts aligns with one of the three prime responsibilities and duties of states in respect of international human rights: to promote, to protect and to fulfil. The contributions represent different perspectives in international law and human rights and how the global agenda of promoting human rights, the rules-based international order and multilateralism requires further strengthening – the lens of incoherence providing a means to understand particular inconsistencies. Chapters focus upon subjects including international investment law, international financial contracts, the arms trade, indigenous peoples’ rights, rights of peasants, the right to a clean, healthy and sustainable environment, the right to food and transitional justice. Presenting a critical exploration of key contemporary challenges and the implementation of human rights law in different contexts, the collection will be of interest to a wide-ranging audience of international law and international relations scholars and practitioners, and students of law, politics and globalisation across the world.
Author: Helmut P. Aust
Publisher: Edward Elgar Publishing
ISBN: 1800373163
Category : Law
Languages : en
Pages : 437
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Book Description
This Research Handbook examines the complex relationship between international law and domestic legal systems. An interdisciplinary range of experts analyse the topic from historical, conceptual, critical and doctrinal perspectives, setting the tone for future reflections on the development of the international legal order.
Author: M. A. P. Bovens
Publisher: Oxford Handbooks
ISBN: 0199641250
Category : Business & Economics
Languages : en
Pages : 737
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Book Description
Drawing on the best scholars in the field from around the world, this handbook showcases conceptual and normative as well as the empirical approaches in public accountability studies.
Author: Hollie Russon Gilman
Publisher: Brookings Institution Press
ISBN: 081572683X
Category : Business & Economics
Languages : en
Pages : 274
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Book Description
Participatory Budgeting—the experiment in democracy that could redefine how public budgets are decided in the United States. Democracy Reinvented is the first comprehensive academic treatment of participatory budgeting in the United States, situating it within a broader trend of civic technology and innovation. This global phenomenon, which has been called "revolutionary civics in action" by the New York Times, started in Brazil in 1989 but came to America only in 2009. Participatory budgeting empowers citizens to identify community needs, work with elected officials to craft budget proposals, and vote on how to spend public funds. Democracy Reinvented places participatory budgeting within the larger discussion of the health of U.S. democracy and focuses on the enabling political and institutional conditions. Author and former White House policy adviser Hollie Russon Gilman presents theoretical insights, indepth case studies, and interviews to offer a compelling alternative to the current citizen disaffection and mistrust of government. She offers policy recommendations on how to tap online tools and other technological and civic innovations to promote more inclusive governance. While most literature tends to focus on institutional changes without solutions, this book suggests practical ways to empower citizens to become change agents. Reinvesting in Democracy also includes a discussion on the challenges and opportunities that come with using digital tools to re-engage citizens in governance.
Author: Steven Wheatley
Publisher: Bloomsbury Publishing
ISBN: 1847315860
Category : Law
Languages : en
Pages : 424
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Book Description
The objective of this work is to restate the requirements of democratic legitimacy in terms of the deliberative ideal developed by Jürgen Habermas, and apply the understanding to the systems of global governance. The idea of democracy requires that the people decide, through democratic procedures, all policy issues that are politically decidable. But the state is not a voluntary association of free and equal citizens; it is a construct of international law, and subject to international law norms. Political self-determination takes places within a framework established by domestic and international public law. A compensatory form of democratic legitimacy for inter-state norms can be established through deliberative forms of diplomacy and a requirement of consent to international law norms, but the decline of the Westphalian political settlement means that the two-track model of democratic self-determination is no longer sufficient to explain the legitimacy and authority of law. The emergence of non-state sites for the production of global norms that regulate social, economic and political life within the state requires an evaluation of the concept of (international) law and the (legitimate) authority of non-state actors. Given that states retain a monopoly on the coercive enforcement of law and the primary responsibility for the guarantee of the public and private autonomy of citizens, the legitimacy and authority of the laws that regulate the conditions of social life should be evaluated by each democratic state. The construction of a multiverse of democratic visions of global governance by democratic states will have the practical consequence of democratising the international law order, providing democratic legitimacy for international law.
Author: Grote, Rainer
Publisher: Edward Elgar Publishing
ISBN: 1788971124
Category : Political Science
Languages : en
Pages : 576
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Book Description
This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries.
Author: Kelly Dawn Askin
Publisher: Martinus Nijhoff Publishers
ISBN: 9004531114
Category : Law
Languages : en
Pages : 766
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Book Description
For in-depth coverage of gender issues in human rights law, from theory and cultural practices to legal instruments and the case law of international tribunals, this major three-volume work is without peer. More than 100 leading authorities in the field offer trenchant analyses of problems and solutions, crimes and abuses, available recourses, areas of empowerment -- the entire spectrum of women's rights, discussed at a level of detail and legal awareness unavailable in any other single source. Published under the Transnational Publishers imprint. The print edition is available as a set of three volumes (9781571050946).
