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Contracting Human Rights
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Book Synopsis Contracting Human Rights by : Alison Brysk
Download or read book Contracting Human Rights written by Alison Brysk and published by Edward Elgar Publishing. This book was released on 2018 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: By chronicling the continuing contest over the reach, range, and regime of rights, Contracting Human Rights analyzes the way forward in an era of many challenges. This multidisciplinary book contributes to building understanding of the maturation of human rights, from a dissident doctrine to a dynamic parameter of global governance and civil society. Through an examination of both global and local challenges to human rights, including loopholes, backlash, accountability, and new opportunities to move forward, this book analyzes trends across multiple-issue areas.
Book Synopsis Human Rights as Social Construction by : Benjamin Gregg
Download or read book Human Rights as Social Construction written by Benjamin Gregg and published by Cambridge University Press. This book was released on 2011-12-12 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most conceptions of human rights rely on metaphysical or theological assumptions that construe them as possible only as something imposed from outside existing communities. Most people, in other words, presume that human rights come from nature, God, or the United Nations. This book argues that reliance on such putative sources actually undermines human rights. Benjamin Gregg envisions an alternative; he sees human rights as locally developed, freely embraced, and indigenously valid. Human rights, he posits, can be created by the average, ordinary people to whom they are addressed, and that they are valid only if embraced by those to whom they would apply. To view human rights in this manner is to increase the chances and opportunities that more people across the globe will come to embrace them.
Book Synopsis War by Contract by : Francesco Francioni
Download or read book War by Contract written by Francesco Francioni and published by Oxford University Press, USA. This book was released on 2011-01-13 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conduct of armed conflict is increasingly being outsourced to private military and security companies, whose legal position remains unclear. This book identifies and analyses the human rights and humanitarian law framework applicable to these companies, examining how they can be held to account and how victims can obtain remedies.
Book Synopsis The Constitutional Dimension of Contract Law by : Luca Siliquini-Cinelli
Download or read book The Constitutional Dimension of Contract Law written by Luca Siliquini-Cinelli and published by Springer. This book was released on 2017-04-06 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the hallmarks of the present era is the discourse surrounding Human Rights and the need for the law to recognise them. Various national and supranational human rights instruments have been developed and implemented in order to transition society away from atrocity and callousness toward a more just and inclusive future. In some countries this is done by means of an overarching constitution, while in others international conventions or ordinary legislation hold sway. Contract law plays a pivotal role in this context. According to many, this is done through the much-debated ‘civilising mission’ of the contract, a notion which itself constitutes the canon of the Western liberal principle of ‘civilised economy’. The movement away from the belief in the absolute freedom of contract, which reached its zenith in the nineteenth century, to the principles of fairness and justice that underpin contract law today, is often deemed to be a testament to this civilising influence. Delving into the interplay between human rights policies, constitutional law, and contract law from both theoretical and practical perspectives, this first volume of a two-book collection offers a totally new reappraisal of the subject by gathering a collection of essays written by contract law scholars from Europe, South Africa, Canada, and Australia. Instead of providing the reader with a sterile compilation of positivistic norms and policies on the impact of fundamental rights and constitutional law issues on contract law’s development, the authors build on their personal experience to analyse specific topics related to contracting that include a constitutional dimension. The book fills an important void in comparative law scholarship and in so doing represents the starting point for further debate on the subject.
Author :United Nations Office of the High Commissioner for Human Rights Publisher :United Nations ISBN 13 :9210575083 Total Pages :40 pages Book Rating :4.2/5 (15 download)
Book Synopsis Principles for Responsible Contracts by : United Nations Office of the High Commissioner for Human Rights
Download or read book Principles for Responsible Contracts written by United Nations Office of the High Commissioner for Human Rights and published by United Nations. This book was released on 2015-12-31 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication feeds into ongoing global efforts to better align the international investment regime with international human rights standards. It focuses on contracts between State entities and foreign business investors that govern big investment projects, such as natural resource exploitation or big agricultural and infrastructure projects. It provides practical guidance to the negotiators of such contracts, be they government, investor or legal representatives, on how to integrate the management of human rights risks in their contract negotiations. Applying the principles for responsible contracts to the negotiation of contracts enables human rights-related risks to be identified early and managed, which, in turn, will contribute to making the project more sustainable.
Book Synopsis Contracting with Sovereignty by : Ivar Alvik
Download or read book Contracting with Sovereignty written by Ivar Alvik and published by Bloomsbury Publishing. This book was released on 2011-01-12 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application of international law to state contracts with foreign private companies was the cause of continuing controversy throughout much of the twentieth century. State contractual undertakings with foreign investors raise a number of legal issues that do not fit well into the traditional pattern of international law as a law between states, but which also cannot be satisfactorily resolved by the exclusive application of the municipal law of the contracting state. In recent years the controversy has gained new prominence as a result of the advent of a new form of international dispute settlement, namely the mechanism of investment treaty arbitration. The main feature of this model of dispute resolution is that foreign investors are entitled to bring claims against states directly before international arbitral tribunals. This model, which emerged strongly in the late 1990s, has generated a rapidly expanding body of arbitral case law and in the process become one of the most significant new developments in modern international law. Many of the disputes subject to investment treaty arbitration have their origin in contractual commitments made by states toward foreign investors. At the same time international commercial arbitration continues to be the preferred means of dispute resolution in contracts between foreign investors and states or state entities. This book explores how contract claims against states are dealt with in the two parallel processes of treaty-based and contract-based arbitration. The book charts the development of commercial arbitration into an international legal remedy in this field, discusses the theoretical problems which it creates for international law, and outlines the most significant substantive features of the international law applicable to contract claims as developed by arbitral tribunals on the basis of treaty standards and customary law. This title is included in Bloomsbury Professional's International Arbitration online service.
Book Synopsis Public Participation and Foreign Investment Law by : Eric de Brabandere
Download or read book Public Participation and Foreign Investment Law written by Eric de Brabandere and published by Nijhoff International Investme. This book was released on 2021 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Public Participation and Foreign Investment Law offers a systematic treatment of public participation from the standpoint of the three main sources of foreign investment law, namely treaties, legislation and contracts. It identifies and critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. From this perspective, the book looks at public participation as vehicle to strike a balance between private and public rights and interests. This book contributes to the understanding of the current forms, level and impact of public participation. It provides indications on how such participation could be enhanced with a view of improving the balance and legitimacy of the legal instrument related to the promotion and protection of foreign investments"--
Book Synopsis Contracting Out of Human Rights by : Amnesty International
Download or read book Contracting Out of Human Rights written by Amnesty International and published by Amnesty International. This book was released on 2005 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the largest private-sector investment projects in Africa is threatening human rights in Chad and Cameroon. A consortium of oil companies, led by ExxonMobil and including Chevron and Petronas, is extracting oil from the Doba oilfields in southern Chad and transporting it through a newly built 1,070 km pipeline to Cameroon's Atlantic coast. International law places the primary obligation for realising human rights on states. However, there is increasing recognition that responsibility for contributing to the protection of human rights extends to other actors in society, as acknowledged in the Universal Declaration of Human Rights. Amnesty International believes that companies have human rights responsibilities within their sphere of influence. These extend globally and are particularly relevant when companies operate in countries where grave violations of human rights are part of the context of their activities, as is the case in Chad and Cameroon. This report highlights the potential dangers to human rights posed by investment agreements underpining the pipeline project, as well as the need for a new approach to investment that ensures respect for human rights. Amnesty International calls on the governments, international financial institutions and companies involved in the Chad-Cameroon pipeline project to revise the investment agreements to include an explicit guarantee that nothing in them can be used to undermine either the human rights obligations of the states or the human rights responsibilities of the companies.
Book Synopsis Public Procurement and Human Rights by : Olga Martin-Ortega
Download or read book Public Procurement and Human Rights written by Olga Martin-Ortega and published by Edward Elgar Publishing. This book was released on 2019 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely work reflects on the role and obligations of the state as a buyer of goods and services, from the dual disciplinary perspectives of public procurement and human rights. Through theoretical and doctrinal analyses, and practice-focused case studies, it interrogates the evolving character of public procurement as an interface for multiple normative regimes and competing policies. Challenging the prevailing paradigm which subordinates human rights to narrowly-defined economic goals, insightful contributions advance a compelling case for greater inter-disciplinarity and policy coherence as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.
Book Synopsis Outsourcing War and Peace by : Laura Anne Dickinson
Download or read book Outsourcing War and Peace written by Laura Anne Dickinson and published by Yale University Press. This book was released on 2011-01-01 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book describes the services that are now delivered by private contractors and the threat this trend poses to core public values of human rights, democratic accountability, and transparency. --
Book Synopsis Shifting Centres of Gravity in Human Rights Protection by : Oddný Mjöll Arnardóttir
Download or read book Shifting Centres of Gravity in Human Rights Protection written by Oddný Mjöll Arnardóttir and published by Routledge. This book was released on 2016-02-26 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law. Chapter 10 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 3.0 license.
Book Synopsis The Public Law of Government Contracts by : Anne C. L. Davies
Download or read book The Public Law of Government Contracts written by Anne C. L. Davies and published by Oxford University Press, USA. This book was released on 2008 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text offers an in-depth examination of the law on government contracts and develops a challenging approach which views government contracts from a public law perspective as opposed to a matter for private law.
Book Synopsis Human Rights in International Law by : Council of Europe
Download or read book Human Rights in International Law written by Council of Europe and published by Council of Europe. This book was released on 2000-01-01 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together in one volume a selection of the major international texts in the field of human rights, which can be used both as an introduction to this vast subject and as a working tool for students, professionals and others working in the field of human rights. This book responds to the growing interest in human rights among students, lawyers, teachers, diplomats and other professional groups, as well as the general public as a whole.
Book Synopsis Justice in Transactions by : Peter Benson
Download or read book Justice in Transactions written by Peter Benson and published by Harvard University Press. This book was released on 2019-12-03 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.
Book Synopsis Mobile People, Mobile Law by : Franz von Benda-Beckmann
Download or read book Mobile People, Mobile Law written by Franz von Benda-Beckmann and published by Routledge. This book was released on 2017-03-02 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrating how users of law, who often operate in multi-sited situations, are forced to deal with increasingly complex legal circumstances, this volume focuses on political and social processes through which people appropriate, use and create legal forms in multiple legal settings. It provides new insights into social and political processes through which transnational law is locally appropriated by different actors and presents empirical studies of confrontation, adaptation, vernacularization and hybridization of law due to its transplantation across the borders of national states. The contributors offer insights into modern dynamics of legal change, challenging assumptions about increasing homogeneity in law, with a keen eye for the historical situations in which current legal changes stand.
Book Synopsis Building a Better World Cup by : Priyanka Motaparthy
Download or read book Building a Better World Cup written by Priyanka Motaparthy and published by . This book was released on 2012 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In December 2010, the small Gulf state of Qatar won its bid to host the 2022 World Cup--a first for an Arab country. Over the next decade the country will undertake massive new construction to support the quadrennial world championship soccer games. Underpinning this push is a vast army of migrant workers, who comprise a staggering 94 percent of Qatar's workforce--1.2 million of its 1.7 million residents--the highest percentage of migrants to citizens in the world. Qatar's World Cup selection means that worker recruitment will reach new heights: media have reported that over a million additional workers may be needed to carry out World Cup-related construction. Yet the deeply problematic working conditions of migrant workers throughout the country mean that realizing Qatar's World Cup vision may depend on their abuse and exploitation unless adequate measures are taken to address the human rights problems widespread in the construction industry in Qatar. This report documents pervasive employer exploitation and abuse of workers in Qatar's construction industry, made possible by an inadequate legal and regulatory framework that grants employers extensive control over workers and prohibits migrant workers from exercising their rights to free association and collective bargaining. It also addresses the government's failure to enforce those laws that at least on paper are designed to protect worker rights. It examines why violations of workers' rights go largely undetected, and looks at the barriers that workers face in reporting complaints or seeking redress. The report includes recommendations to the government on legal reforms and implementation mechanisms, and to the relevant private sector actors on public commitments that could alleviate such abuses moving forward."--P. [4] of cover.
Book Synopsis Human Rights in Private Law by : Dan Friedmann
Download or read book Human Rights in Private Law written by Dan Friedmann and published by Hart Publishing. This book was released on 2001 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the expansion of human right legislation in national and international law is examined from theoretical and comparative perspectives.
