Participation And Democratic Innovation Under International Human Rights Law

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Participation and Democratic Innovation under International Human Rights Law

Author : Nicholas McMurry
Publisher : Taylor & Francis
ISBN 13 : 1000864693
Total Pages : 284 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Participation and Democratic Innovation under International Human Rights Law by : Nicholas McMurry

Download or read book Participation and Democratic Innovation under International Human Rights Law written by Nicholas McMurry and published by Taylor & Francis. This book was released on 2023-04-28 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

PARTICIPATION AND DEMOCRATIC INNOVATION UNDER INTERNATIONAL HUMAN RIGHTS LAW.

Author : Nicholas McMurry
Publisher :
ISBN 13 : 9781003179450
Total Pages : 0 pages
Book Rating : 4.1/5 (794 download)

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Book Synopsis PARTICIPATION AND DEMOCRATIC INNOVATION UNDER INTERNATIONAL HUMAN RIGHTS LAW. by : Nicholas McMurry

Download or read book PARTICIPATION AND DEMOCRATIC INNOVATION UNDER INTERNATIONAL HUMAN RIGHTS LAW. written by Nicholas McMurry and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Incoherence of Human Rights in International Law

Author : Louisa Ashley
Publisher : Taylor & Francis
ISBN 13 : 1040126278
Total Pages : 319 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Incoherence of Human Rights in International Law by : Louisa Ashley

Download or read book The Incoherence of Human Rights in International Law written by Louisa Ashley and published by Taylor & Francis. This book was released on 2024-09-02 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Democratic Innovations

Author : Graham Smith
Publisher : Cambridge University Press
ISBN 13 : 0521514770
Total Pages : 231 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis Democratic Innovations by : Graham Smith

Download or read book Democratic Innovations written by Graham Smith and published by Cambridge University Press. This book was released on 2009-07-02 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines democratic innovations from around the world, drawing lessons for the future development of both democratic theory and practice.

The Oxford Handbook of Public Accountability

Author : Mark Bovens
Publisher : OUP Oxford
ISBN 13 : 0191002577
Total Pages : 807 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Oxford Handbook of Public Accountability by : Mark Bovens

Download or read book The Oxford Handbook of Public Accountability written by Mark Bovens and published by OUP Oxford. This book was released on 2014-05-15 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades public accountability has become not only an icon in political, managerial, and administrative discourse but also the object of much scholarly analysis across a broad range of social and administrative sciences. This handbook provides a state of the art overview of recent scholarship on public accountability. It collects, consolidates, and integrates an upsurge of inquiry currently scattered across many disciplines and subdisciplines. It provides a one-stop-shop on the subject, not only for academics who study accountability, but also for practitioners who are designing, adjusting, or struggling with mechanisms for accountable governance. Drawing on the best scholars in the field from around the world, The Oxford Handbook of Public Accountability showcases conceptual and normative as well as the empirical approaches in public accountability studies. In addition to giving an overview of scholarly research in a variety of disciplines, it takes stock of a wide range of accountability mechanisms and practices across the public, private and non-profit sectors, making this volume a must-have for both practitioners and scholars, both established and new to the field.

Research Handbook on International Law and Domestic Legal Systems

Author : Helmut P. Aust
Publisher : Edward Elgar Publishing
ISBN 13 : 1800373163
Total Pages : 437 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis Research Handbook on International Law and Domestic Legal Systems by : Helmut P. Aust

Download or read book Research Handbook on International Law and Domestic Legal Systems written by Helmut P. Aust and published by Edward Elgar Publishing. This book was released on 2024-10-03 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Deepening Democracy

Author : Archon Fung
Publisher : Verso
ISBN 13 : 9781859846889
Total Pages : 328 pages
Book Rating : 4.8/5 (468 download)

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Book Synopsis Deepening Democracy by : Archon Fung

Download or read book Deepening Democracy written by Archon Fung and published by Verso. This book was released on 2003 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The forms of liberal democracy developed in the 19th century seem increasingly ill-suited to the problems we face in the 21st. This dilemma has given rise to a deliberative democracy, and this text explores four contemporary cases in which the principles have been at least partially instituted.

The Democratic Legitimacy of International Law

Author : Steven Wheatley
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315860
Total Pages : 424 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Democratic Legitimacy of International Law by : Steven Wheatley

Download or read book The Democratic Legitimacy of International Law written by Steven Wheatley and published by Bloomsbury Publishing. This book was released on 2010-06-02 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Critical Theory and Democracy

Author : Enrique Peruzzotti
Publisher : Routledge
ISBN 13 : 113618371X
Total Pages : 305 pages
Book Rating : 4.1/5 (361 download)

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Book Synopsis Critical Theory and Democracy by : Enrique Peruzzotti

Download or read book Critical Theory and Democracy written by Enrique Peruzzotti and published by Routledge. This book was released on 2012-11-27 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on Andrew Arato’s democratic theory and its relevance to contemporary issues such as processes of democratization, civil society, constitution-making, and the modern Executive. Andrew Arato is -both globally and disciplinarily- a prominent thinker in the fields of democratic theory, constitutional law, and comparative politics, influencing several generations of scholars. This is the first volume to systematically address his democratic theory. Including contributions from leading scholars such as Dick Howard, Ulrich Preuss, Hubertus Buchstein, Janos Kis, Uri Ram, Leonardo Avritzer, Carlos de la Torre, and Nicolás Lynch, this book is organized around three major areas of Arato ́s influence on contemporary political and social thought. The first section offers a comprehensive view of Arato’s scholarship from his early work on critical theory and Western Marxism to his current research on constitution-making and its application. The second section shifts its focus from the previous, comprehensive approach, to a much more specific one: Arato ́s widespread influence on the study of civil society in democratization processes in Latin America. The third section includes a previously unpublished work, ‘A conceptual history of dictatorship (and its rivals,)’ one of the few systematic interrogations on the meaning of a political form of fundamental relevance in the contemporary world. Critical Theory and Democracy will be of interest to critical and social theorists, and all Arato scholars.

Power, Procedure, Participation and Legitimacy in Global Sustainability Norms

Author : Karin Buhmann
Publisher : Routledge
ISBN 13 : 1315525437
Total Pages : 200 pages
Book Rating : 4.3/5 (155 download)

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Book Synopsis Power, Procedure, Participation and Legitimacy in Global Sustainability Norms by : Karin Buhmann

Download or read book Power, Procedure, Participation and Legitimacy in Global Sustainability Norms written by Karin Buhmann and published by Routledge. This book was released on 2017-08-02 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalisation of the market, law and politics contributes to a diversity of transnational sustainability problems whose solutions exceed the territorial jurisdictional limits of nation states in which their effects are generated or occur. The rise of the business sector as a powerful global actor with a claim to participation and potential contributions as well as adverse impacts sustainability complicates the regulatory challenge. Recent decades’ efforts to govern transitions towards sustainability through public or hybrid regulation display mixed records of support and results. In combination, these issues highlight the need for insights on what conditions multi-stakeholder regulation for a process that balances stakeholder power and delivers results perceived as legitimate by participants and broader society. This book responds to that need. Based on empirical experience on public-private regulation of global sustainability concerns and theoretical perspectives on transnational regulation, the book proposes a new theory on collaborative regulation. This theory sets out a procedural approach for multi-stakeholder regulation of global sustainability issues in a global legal and political order to provide for legitimacy of process and results. It takes account of the claims to participation of the private sector as well as civil society organisations and the need to balance power disparities.

Reframing Human Rights in a Turbulent Era

Author : Gráinne de Búrca
Publisher : Oxford University Press
ISBN 13 : 019264033X
Total Pages : 257 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Reframing Human Rights in a Turbulent Era by : Gráinne de Búrca

Download or read book Reframing Human Rights in a Turbulent Era written by Gráinne de Búrca and published by Oxford University Press. This book was released on 2021-03-09 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, human rights have come under fire, with the rise of political illiberalism and the coming to power of populist authoritarian leaders in many parts of the world who contest and dismiss the idea of human rights. More surprisingly, scholars and public intellectuals, from both the progressive and the conservative side of the political spectrum, have also been deeply critical, dismissing human rights as flawed, inadequate, hegemonic, or overreaching. While acknowledging some of the shortcomings, this book presents an experimentalist account of international human rights law and practice and argues that the human rights movement remains a powerful and appealing one with widespread traction in many parts of the globe. Using three case studies to illuminate the importance and vibrancy of the movement around the world, the book argues that its potency and legitimacy rest on three main pillars: First, it is based on a deeply-rooted and widely appealing moral discourse that integrates the three universal values of human dignity, human welfare, and human freedom. Second, these values and their elaboration in international legal instruments have gained widespread - even if thin - agreement among states worldwide. Third, human rights law and practice is highly dynamic, with human rights being activated, shaped, and given meaning and impact through the on-going mobilization of affected individuals and groups, and through their iterative engagement with multiple domestic and international institutions and processes. The book offers an account of how the human rights movement has helped to promote human rights and positive social change, and argues that the challenges of the current era provide good reasons to reform, innovate, and strengthen that movement, rather than to abandon it or to herald its demise.

Globalizing Democracy and Human Rights

Author : Carol C. Gould
Publisher : Cambridge University Press
ISBN 13 : 9780521541275
Total Pages : 292 pages
Book Rating : 4.5/5 (412 download)

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Book Synopsis Globalizing Democracy and Human Rights by : Carol C. Gould

Download or read book Globalizing Democracy and Human Rights written by Carol C. Gould and published by Cambridge University Press. This book was released on 2004-08-02 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Government Internet Censorship Measures and International Law

Author : I-Ching Chen
Publisher : LIT Verlag Münster
ISBN 13 : 3643910517
Total Pages : 408 pages
Book Rating : 4.6/5 (439 download)

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Book Synopsis Government Internet Censorship Measures and International Law by : I-Ching Chen

Download or read book Government Internet Censorship Measures and International Law written by I-Ching Chen and published by LIT Verlag Münster. This book was released on 2018 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Internet governance is a simple term without a simple definition. In the name of Internet sovereignty, nations have begun to implement various regulations to control the flow of information within or across their virtual territorial boundaries. The unique interconnected and multilateral characteristics of the Internet renders it impossible for one nation alone to provide adequate solutions to managing the Internet. The author argues that many of the issues related to Internet governance should be allocated to international institutions and a nation's sovereign power over the Internet should be bounded by its commitments and responsibilities under international law. In the absence of a coherent regulatory framework, this book examines whether the existing international legal systems are sufficiently generic to accommodate the challenges brought about by technological developments.

Citizenship and Contemporary Direct Democracy

Author : David Altman
Publisher : Cambridge University Press
ISBN 13 : 1108496636
Total Pages : 283 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Citizenship and Contemporary Direct Democracy by : David Altman

Download or read book Citizenship and Contemporary Direct Democracy written by David Altman and published by Cambridge University Press. This book was released on 2019 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a comparative study of the origins, performance, and reform of contemporary mechanisms of direct democracy.

Handbook of International Relations

Author : Walter Carlsnaes
Publisher : SAGE
ISBN 13 : 144626503X
Total Pages : 906 pages
Book Rating : 4.4/5 (462 download)

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Book Synopsis Handbook of International Relations by : Walter Carlsnaes

Download or read book Handbook of International Relations written by Walter Carlsnaes and published by SAGE. This book was released on 2012-09-18 with total page 906 pages. Available in PDF, EPUB and Kindle. Book excerpt: The original Handbook of International Relations was the first authoritative and comprehensive survey of the field of international relations. In this eagerly-awaited new edition, the Editors have once again drawn together a team of the world′s leading scholars of international relations to provide a state-of-the-art review and indispensable guide to the field, ensuring its position as the pre-eminent volume of its kind. The Second Edition has been expanded to 33 chapters and fully revised, with new chapters on the following contemporary topics: - Normative Theory in IR - Critical Theories and Poststructuralism - Efforts at Theoretical Synthesis in IR: Possibilities and Limits - International Law and International Relations - Transnational Diffusion: Norms, Ideas and Policies - Comparative Regionalism - Nationalism and Ethnicity - Geopolitics in the 21st Century - Terrorism and International Relations - Religion and International Politics - International Migration A truly international undertaking, this Handbook reviews the many historical, philosophical, analytical and normative roots to the discipline and covers the key contemporary topics of research and debate today. The Handbook of International Relations remains an essential benchmark publication for all advanced undergraduates, graduate students and academics in politics and international relations.

Research Handbook on Compliance in International Human Rights Law

Author : Grote, Rainer
Publisher : Edward Elgar Publishing
ISBN 13 : 1788971124
Total Pages : 576 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Research Handbook on Compliance in International Human Rights Law by : Grote, Rainer

Download or read book Research Handbook on Compliance in International Human Rights Law written by Grote, Rainer and published by Edward Elgar Publishing. This book was released on 2021-10-21 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Global Environmental Politics in a Turbulent Era

Author : Peter Dauvergne
Publisher : Edward Elgar Publishing
ISBN 13 : 1802207147
Total Pages : 253 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Global Environmental Politics in a Turbulent Era by : Peter Dauvergne

Download or read book Global Environmental Politics in a Turbulent Era written by Peter Dauvergne and published by Edward Elgar Publishing. This book was released on 2023-03-02 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the rapid destabilization, escalation and convergence of various environmental crises, global environmental politics is facing extreme turbulence. Tracing the causes, consequences and dangers of planetary turbulence, this essential book identifies the emerging opportunities to improve governance in environmental politics and transition the world order toward greater equity, justice and sustainability.