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Author: Mark Gibney
Publisher: Routledge
ISBN: 1135121052
Category : Law
Languages : en
Pages : 385
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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
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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: Imad Antoine Ibrahim
Publisher: Taylor & Francis
ISBN: 1040165184
Category : Law
Languages : en
Pages : 141
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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
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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: Austin Sarat
Publisher: University of Michigan Press
ISBN: 0472084712
Category : Law
Languages : en
Pages : 324
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Book Description
DIVExplores the postmodern challenges to efforts to ground rights outside of history and language /div
Author: Carl Wellman
Publisher: Oxford University Press, USA
ISBN: 0195095006
Category : Law
Languages : en
Pages : 288
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Book Description
7. Conflicts of Rights
Author: United Nations. Office of the High Commissioner for Human Rights
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 584
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Book Description
This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.
Author: Lupri
Publisher: BRILL
ISBN: 9004476717
Category : Social Science
Languages : en
Pages : 478
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Book Description
Author: Gerhard Bos
Publisher: Routledge
ISBN: 1317351762
Category : Business & Economics
Languages : en
Pages : 256
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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.
Author: Mark Gibney
Publisher: Routledge
ISBN: 1000466132
Category : Political Science
Languages : en
Pages : 500
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Book Description
The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
