Making Sovereign Financing And Human Rights Work

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Making Sovereign Financing and Human Rights Work

Author : Juan Pablo Bohoslavsky
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253939
Total Pages : 352 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Making Sovereign Financing and Human Rights Work by : Juan Pablo Bohoslavsky

Download or read book Making Sovereign Financing and Human Rights Work written by Juan Pablo Bohoslavsky and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Poor public resource management and the global financial crisis curbing fundamental fiscal space, millions thrown into poverty, and authoritarian regimes running successful criminal campaigns with the help of financial assistance are all phenomena that raise fundamental questions around finance and human rights. They also highlight the urgent need for more systematic and robust legal and economic thinking about sovereign finance and human rights. This edited collection aims to contribute to filling this gap by introducing novel legal theories and analyses of the links between sovereign debt and human rights from a variety of perspectives. These chapters include studies of financial complicity, UN sanctions, ethics, transitional justice, criminal law, insolvency proceedings, millennium development goals, global financial architecture, corporations, extraterritoriality, state of necessity, sovereign wealth and hedge funds, project financing, state responsibility, international financial institutions, the right to development, UN initiatives, litigation, as well as case studies from Africa, Asia and Latin America. These chapters are then theorised by the editors in an introductory chapter. In July 2012 the UN Human Rights Council finally issued its own guidelines on foreign debt and human rights, yet much remains to be done to promote better understanding of the legal and economic implications of the interface between finance and human rights. This book will contribute to that understanding as well as help practitioners in their everyday work. The authors include world-renowned lawyers and economists, experienced practitioners and officials from international organisations.

Sovereign Debt and Human Rights

Author : Ilias Bantekas
Publisher : Oxford University Press, USA
ISBN 13 : 019881044X
Total Pages : 641 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Sovereign Debt and Human Rights by : Ilias Bantekas

Download or read book Sovereign Debt and Human Rights written by Ilias Bantekas and published by Oxford University Press, USA. This book was released on 2019-01-15 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out thehistorical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders.Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt.They outline how such conditions have been shown to exacerbate the debt itself at the expense of economic sovereignty, concluding that such measures worsen the borrower's economic situation, and are injurious to the entrenched rights of peoples.

Sovereign Debt and Socio-Economic Rights Beyond Crisis

Author : Emma Luce Scali
Publisher : Cambridge University Press
ISBN 13 : 131699709X
Total Pages : 217 pages
Book Rating : 4.3/5 (169 download)

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Book Synopsis Sovereign Debt and Socio-Economic Rights Beyond Crisis by : Emma Luce Scali

Download or read book Sovereign Debt and Socio-Economic Rights Beyond Crisis written by Emma Luce Scali and published by Cambridge University Press. This book was released on 2022-02-24 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a distinctive critical discussion of the relationship between sovereign debt and socio-economic human rights in the context of the contemporary global neoliberal economic order, going beyond strictly 'post-crisis' approaches and emphasising the structural character and consistent growth of public and private indebtedness. It reflects on the implications of mounting debt for the actual ability of States to realise human rights in a world of escalating indebtedness, inequality and insecurity. It expands existing definitions of neoliberalism by reflecting in particular on neoliberalism's epistemological underpinnings, and provides a comprehensive and systematic analysis of the 2009 Greek debt crisis and the main elements of post-crisis developments in international and EU law, arguing that the 'neoliberalisation of law' has essentially been advanced in the wake of the Eurozone debt crisis.

COVID-19 and Sovereign Debt: The case of SADC

Author : Daniel D. Bradlow
Publisher : Pretoria University Law Press
ISBN 13 :
Total Pages : 383 pages
Book Rating : 4./5 ( download)

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Book Synopsis COVID-19 and Sovereign Debt: The case of SADC by : Daniel D. Bradlow

Download or read book COVID-19 and Sovereign Debt: The case of SADC written by Daniel D. Bradlow and published by Pretoria University Law Press. This book was released on 2022-02-23 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multi-disciplinary publication focuses on the issue of African sovereign debt management and renegotiation/ restructuring, with a particular concentration on the countries that are members of the Southern Africa Development Community (SADC). It contains a series of essays that were initially presented in several workshops held at the height of the pandemic, in 2020. These essays seek to both understand the debt challenges facing these countries and to offer some policy-oriented suggestions on how they can more effectively address these. They include contributions by global and regional scholars who are seasoned experts and newer researchers and discuss the complexities on debt management and restructuring within the context of the global COVID-19 pandemic. In particular, this presented an opportunity for junior researchers from the region to contribute to international discussions on a topic in which the views of young Africans are not heard as often or as clearly as they should be, especially given the importance of the topic to Africa and its future. Further, this book is expected to stimulate debate among academics, activists, policy makers and practitioners on how SADC should manage its debt.

Business and Human Rights in Europe

Author : Angelica Bonfanti
Publisher : Routledge
ISBN 13 : 042981125X
Total Pages : 264 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Business and Human Rights in Europe by : Angelica Bonfanti

Download or read book Business and Human Rights in Europe written by Angelica Bonfanti and published by Routledge. This book was released on 2018-09-06 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational business activities are important drivers of growth for developing and the least developed countries. However, they can also negatively impact the enjoyment of human rights. In some cases, multinational enterprises (MNEs) have even been accused of grave human rights abuses in the territory of the states where their subsidiaries operate. Since the parent companies of many MNEs are incorporated under the law of European states, those countries’ domestic law and the European legal framework play a crucial role in establishing how their activities should be conducted – also throughout their supply chains – and which remedies will be available when corporate human rights violations occur. In recent years, the European Union, the Council of Europe and their Member States have been adopting policies and legislation to ensure respect for human rights by businesses and have developed a body of related case law. These legal instruments can be considered the European responses to the challenges posed at international-law level, and they constitute the focus of research of this book. Through its collected chapters – written by scholars and practitioners under the direction of the editor, Angelica Bonfanti – the book identifies the European solutions to the business and human rights international legal issues, provides an overall assessment of their effectiveness, and examines their potential evolution.

Global Constitutionalism from European and East Asian Perspectives

Author : Takao Suami
Publisher : Cambridge University Press
ISBN 13 : 1108417116
Total Pages : 625 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Global Constitutionalism from European and East Asian Perspectives by : Takao Suami

Download or read book Global Constitutionalism from European and East Asian Perspectives written by Takao Suami and published by Cambridge University Press. This book was released on 2018-11-29 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines and compares East Asian and European perspectives of Global Constitutionalism.

International Investment Law and the Global Financial Architecture

Author : Christian J. Tams
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368885
Total Pages : 384 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis International Investment Law and the Global Financial Architecture by : Christian J. Tams

Download or read book International Investment Law and the Global Financial Architecture written by Christian J. Tams and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores whether investment law should protect against such regulatory measures, including where these have the support of multilateral institutions. It considers where the line should be drawn between legitimate regulation and undue interference with investor rights and, equally importantly, who draws it.

Necessary Evil

Author : David Kinley
Publisher : Oxford University Press
ISBN 13 : 0190691131
Total Pages : 288 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Necessary Evil by : David Kinley

Download or read book Necessary Evil written by David Kinley and published by Oxford University Press. This book was released on 2018-02-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finance is the evil we cannot live without. It governs almost every aspect of our lives and has the power to liberate as well as enslave. With the world's total financial assets--valued at a staggering $300 trillion--being four times larger than the combined output of all the world's economies, there is, apparently, plenty to go around. Yet, while proponents of finance-driven capitalism point to the trickle-down effect as its contribution to wealth redistribution, there are still nearly a billion people across the globe existing on less than $2 a day; 14 percent of Americans are living below the official poverty line; and disparities in wealth equality everywhere have reached unprecedented levels. Evidently a trickle is not enough. How can this be when so much wealth abounds, and when finance is supposedly chastened and reformed after its latest global crisis? How, especially, can it be in an age when human rights are more loudly proclaimed than ever before? Can the financial sector be made to shoulder more of the burden of spreading wealth, reducing poverty, and protecting rights? And if so, what role can human rights play in making it happen? In answering these questions, David Kinley draws on a vast array of material from bankers, economists, lawyers, and politicians, as well as human rights activists, philosophers, historians and anthropologists, alongside his own experiences working in the field. Necessary Evil shows how finance can shed its conceit, return to its role as the economy's servant not its master, and regain the public trust and credibility it has so spectacularly lost over the past decade--all by helping human rights, not harming them.

International Economic Law

Author : Giovanna Adinolfi
Publisher : Springer
ISBN 13 : 3319446452
Total Pages : 288 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis International Economic Law by : Giovanna Adinolfi

Download or read book International Economic Law written by Giovanna Adinolfi and published by Springer. This book was released on 2016-12-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume scrutinises the main challenges faced by States in their current international economic relations from an interdisciplinary perspective. It combines legal research with political and economic analysis and favours dialogue among scientific disciplines. Readers are offered a series of in-depth studies on a rich variety of topics: how to reconcile States’ interest to benefit from economic liberalization with their need to pursue social goals (such as the protection of human rights or of the environment); recent developments under WTO law and regional integration processes; international cooperation in the energy sector; national regulatory developments in the banking sector, sovereign wealth funds and investor-State arbitration.

Corporate Accountability under Socio-Economic Rights

Author : Jernej Letnar Černič
Publisher : Routledge
ISBN 13 : 1351973797
Total Pages : 296 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Corporate Accountability under Socio-Economic Rights by : Jernej Letnar Černič

Download or read book Corporate Accountability under Socio-Economic Rights written by Jernej Letnar Černič and published by Routledge. This book was released on 2018-08-14 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, corporations have increasingly accepted that they have obligations to respect the socio-economic rights of individuals whose rights to livelihoods, education, food, health, housing and water are affected by the actions of corporations on a daily basis. Despite this, it is often difficult for victims to bring corporations to court for violations of their socio-economic rights. Domestic constitutional systems provide, at best, fragile and limited protections against adverse corporate activities, while international responses have been lacking in creating obligations and accountability for corporations under socio-economic rights. The urgency of bolstering corporate accountability for socio-economic rights is therefore apparent. In light of this, this book asks whether corporations are required to observe socio-economic rights and if they are accountable for any violations. In doing so, it identifies and analyzes the theoretical foundations and the existing scope of corporate accountability arising from socio-economic rights at both national and international levels. Through careful analysis, Jernej Letnar Černič exposes the stark need for greater clarity in the obligations and accountability of corporations, advocating a normative framework for corporate accountability for socio-economic rights in national legal orders which builds on existing mechanisms.

The Routledge Handbook on Extraterritorial Human Rights Obligations

Author : Mark Gibney
Publisher : Routledge
ISBN 13 : 1000466132
Total Pages : 500 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis The Routledge Handbook on Extraterritorial Human Rights Obligations by : Mark Gibney

Download or read book The Routledge Handbook on Extraterritorial Human Rights Obligations written by Mark Gibney and published by Routledge. This book was released on 2021-12-24 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Research Handbook on Law and Ethics in Banking and Finance

Author : Costanza A. Russo
Publisher : Edward Elgar Publishing
ISBN 13 : 1784716545
Total Pages : 448 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Research Handbook on Law and Ethics in Banking and Finance by : Costanza A. Russo

Download or read book Research Handbook on Law and Ethics in Banking and Finance written by Costanza A. Russo and published by Edward Elgar Publishing. This book was released on 2019 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global financial crisis evidenced the corrosive effects of unethical behaviour upon the banking industry. The recurrence of misbehaviour in the financial sector, including fraud and manipulations of market indices, suggests the need to establish a banking culture that conforms to the highest standards of ethical and professional behaviour. This Research Handbook on Law and Ethics in Banking and Finance focuses on the role that law should play and the effectiveness of newly introduced regulations and supervisory actions as a driver for ethical conduct so as to reconnect the interests of bankers and financiers with the interests of society.

Business and Human Rights

Author : Nadia Bernaz
Publisher : Routledge
ISBN 13 : 1317233840
Total Pages : 451 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Business and Human Rights by : Nadia Bernaz

Download or read book Business and Human Rights written by Nadia Bernaz and published by Routledge. This book was released on 2016-10-04 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business corporations can and do violate human rights all over the world, and they are often not held to account. Emblematic cases and situations such as the state of the Niger Delta and the collapse of the Rana Plaza factory are examples of corporate human rights abuses which are not adequately prevented and remedied. Business and human rights as a field seeks to enhance the accountability of business – companies and businesspeople – in the human rights area, or, to phrase it differently, to bridge the accountability gap. Bridging the accountability gap is to be understood as both setting standards and holding corporations and businesspeople to account if violations occur. Adopting a legal perspective, this book presents the ways in which this dual undertaking has been and could be further carried out in the future, and evaluates the extent to which the various initiatives in the field bridge the corporate accountability gap. It looks at the historical background of the field of business and human rights, and examines salient periods, events and cases. The book then goes on to explore the relevance of international human rights law and international criminal law for global business. International soft law and policy initiatives which have blossomed in recent years are evaluated along with private modes of regulation. The book also examines how domestic law, especially the domestic law of multinational companies’ home countries, can be used to prevent and redress corporate related human rights violations.

Building a Treaty on Business and Human Rights

Author : Surya Deva
Publisher : Cambridge University Press
ISBN 13 : 1107199115
Total Pages : 539 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Building a Treaty on Business and Human Rights by : Surya Deva

Download or read book Building a Treaty on Business and Human Rights written by Surya Deva and published by Cambridge University Press. This book was released on 2017-10-19 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a sustained treatment of the politico-legal context and content of a proposed business and human rights treaty.

Research Handbook on Human Rights and Business

Author : Surya Deva
Publisher : Edward Elgar Publishing
ISBN 13 : 178643640X
Total Pages : 576 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Research Handbook on Human Rights and Business by : Surya Deva

Download or read book Research Handbook on Human Rights and Business written by Surya Deva and published by Edward Elgar Publishing. This book was released on 2020-07-31 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative Research Handbook brings together leading international scholars and practitioners to provide in-depth analysis of some of the most hotly debated topics and issues concerning the interface of human rights and business. Offering critical insights on prominent strands of research within the field of business and human rights, this comprehensive Research Handbook examines key challenges and potential solutions in the field.

The Cambridge Companion to International Organizations Law

Author : Jan Klabbers
Publisher : Cambridge University Press
ISBN 13 : 1108698492
Total Pages : 515 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Cambridge Companion to International Organizations Law by : Jan Klabbers

Download or read book The Cambridge Companion to International Organizations Law written by Jan Klabbers and published by Cambridge University Press. This book was released on 2022-04-07 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Companion to International Organizations Law illuminates, from a legal perspective, what international organizations are, what makes them 'tick' and how they affect the world around them. It critically discusses such classic issues as the concept of international organization and membership, as well as questions of internal relations, accountability and how they make law, set standards and otherwise affect both their member states and the world around them. The volume further discusses the role of international organizations in particular policy domains, zooming in on domains which are not often discussed through international organizations, including disarmament, energy, food security and health. Eventually, a picture emerges of international organizations as complex phenomena engaging in all sorts of activities and relationships, the operation and authority of which is underpinned by the rules and regulations of international law.

Business, Human Rights and Transitional Justice

Author : Irene Pietropaoli
Publisher : Routledge
ISBN 13 : 1000066061
Total Pages : 240 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Business, Human Rights and Transitional Justice by : Irene Pietropaoli

Download or read book Business, Human Rights and Transitional Justice written by Irene Pietropaoli and published by Routledge. This book was released on 2020-05-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.