Download or read online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get book now. This site is like a library, Use search box in the widget to get ebook that you want.

Litigating Transnational Human Rights Obligations

Litigating Transnational Human Rights Obligations Author Mark Gibney
ISBN-10 9781135121051
Release 2013-10-30
Pages 358
Download Link Click Here

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.



Challenging Territoriality in Human Rights Law

Challenging Territoriality in Human Rights Law Author Wouter Vandenhole
ISBN-10 9781317628958
Release 2015-06-19
Pages 210
Download Link Click Here

Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Interpretations of international human rights treaties tend either to ignore or downplay obligations beyond this ‘territorial space’. This edited volume challenges the territorial bias of mainstream human rights law. It argues that with increased globalisation and the impact of international corporations, organisations and non-State actors, human rights law will become less relevant if it fails to adapt to changing realities in which States are no longer the only leading actor. Bringing together leading scholars in the field, the book explores potential applications of international human rights law in a multi-duty bearer setting. The first part of the book examines the current state of the human rights obligations of foreign States, corporations and international financial institutions, looking in particular at the ways in which they address questions of attribution and distribution of obligations and responsibility. The second part is geared towards the identification of common principles that may underpin a human rights legal regime that incorporates obligations of foreign States as well as of non-State actors. As a marker of important progress in understanding what lies ahead for integrating foreign States and non-State actors in the human rights dutybearer regime, this book will be of great interest to scholars and practitioners of international human rights law, public international law and international relations.



Responsibilities of the Non State Actor in Armed Conflict and the Market Place

Responsibilities of the Non State Actor in Armed Conflict and the Market Place Author Noemi Gal-Or
ISBN-10 9789004293632
Release 2015-04-28
Pages 406
Download Link Click Here

To whom are armed opposition groups and business corporations accountable for their actions in armed conflict and in peace times? Are they responsible as a group? This pioneer book offers innovative theoretical and empirical analyses to these questions.



The SAGE Handbook of Human Rights

The SAGE Handbook of Human Rights Author Anja Mihr
ISBN-10 9781473907195
Release 2014-07-21
Pages 1136
Download Link Click Here

The SAGE Handbook of Human Rights will comprise a two volume set consisting of more than 50 original chapters that clarify and analyze human rights issues of both contemporary and future importance. The Handbook will take an inter-disciplinary approach, combining work in such traditional fields as law, political science and philosophy with such non-traditional subjects as climate change, demography, economics, geography, urban studies, mass communication, and business and marketing. In addition, one of the aspects of mainstreaming is the manner in which human rights has come to play a prominent role in popular culture, and there will be a section on human rights in art, film, music and literature. Not only will the Handbook provide a state of the art analysis of the discipline that addresses the history and development of human rights standards and its movements, mechanisms and institutions, but it will seek to go beyond this and produce a book that will help lead to prospective thinking.



Human Rights in Business

Human Rights in Business Author Juan José Álvarez Rubio
ISBN-10 9781351979153
Release 2017-01-20
Pages 158
Download Link Click Here

The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.



Watching Human Rights

Watching Human Rights Author Mark Gibney
ISBN-10 9781317249351
Release 2015-11-17
Pages 230
Download Link Click Here

In order to be able to protect human rights, it is first necessary to see the denial of those rights. Aside from experiencing human rights violations directly, either as a victim or as an eyewitness, more than any other medium film is able to bring us closer to this aspect of the human experience. Yet, notwithstanding its importance to human rights, film has received virtually no scholarly attention and thus one of the primary goals of this book is to begin to fill this gap. From an historical perspective, human rights were not at all self-evident by reason alone, but had to gain standing through an appeal to human emotions found in novels as well as in works of moral philosophy and legal theory. Although literature continues to play an important role in the human rights project, film is able to take us that much further, by universalizing the particular experience of others different from ourselves, the viewers. Watching Human Rights analyzes more than 100 of the finest human rights films ever made-documentaries, feature films, faux documentaries, animations, and even cartoons. It will introduce the reader to a wealth of films that might otherwise remain unknown, but it also shows the human rights themes in films that all of us are familiar with.



Building a Treaty on Business and Human Rights

Building a Treaty on Business and Human Rights Author Surya Deva
ISBN-10 9781107199118
Release 2017-10-19
Pages 498
Download Link Click Here

This book provides a sustained treatment of the politico-legal context and content of a proposed business and human rights treaty.



Transnational Legal Orders

Transnational Legal Orders Author Terence C. Halliday
ISBN-10 9781107069923
Release 2015-01-19
Pages 536
Download Link Click Here

"This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--



Global Justice State Duties

Global Justice  State Duties Author Malcolm Langford
ISBN-10 9781107012776
Release 2012-12-24
Pages 477
Download Link Click Here

The rise of globalization and the persistence of global poverty are straining the territorial paradigm of human rights. This book asks if states possess extraterritorial obligations under existing international human rights law to respect and ensure economic, social and cultural rights and how far those duties extend. Taking a departure point in theory and practice, the book is the first of its kind to analyze the principal cross-cutting legal issues at stake: the legal status of obligations, jurisdiction, causation, division of responsibility, and remedies and accountability. The book focuses specifically on the role of states but also addresses their duties to regulate powerful nonstate actors. The authors demonstrate that many key issues have been resolved or clarified in international law while others remain controversial or await the development of further practice, particularly the scope of jurisdiction and the quantitative dimension of extraterritorial obligations to fulfil.



The Politics of Human Rights

The Politics of Human Rights Author Sabine C. Carey
ISBN-10 9781139493338
Release 2010-10-14
Pages
Download Link Click Here

Human rights is an important issue in contemporary politics, and the last few decades have also seen a remarkable increase in research and teaching on the subject. This book introduces students to the study of human rights and aims to build on their interest while simultaneously offering an alternative vision of the subject. Many texts focus on the theoretical and legal issues surrounding human rights. This book adopts a substantially different approach which uses empirical data derived from research on human rights by political scientists to illustrate the occurrence of different types of human rights violations across the world. The authors devote attention to rights as well as to responsibilities, neither of which stops at one country's political borders. They also explore how to deal with repression and the aftermath of human rights violations, making students aware of the prospects for and realities of progress.



Economic Social and Cultural Rights as Human Rights

Economic  Social and Cultural Rights as Human Rights Author Olivier De Schutter
ISBN-10 0857930753
Release 2013
Pages 962
Download Link Click Here

This volume offers a selection of those major contributions which have shaped debate in the field of economic, social and cultural rights. the broad range of discussion includes: the nature of economic, social and cultural rights and the ability of courts to protect them; the effectiveness of non-judicial protective mechanisms at both the universal and the domestic level; ways of measuring whether states do enough to 'progressively realize' these rights; the impact of trade and investment liberalization, and of economic globalization generally, on the fulfilment of such rights; and the role of economic, social and cultural rights in development.



Climate Change Litigation

Climate Change Litigation Author Jacqueline Peel
ISBN-10 9781107036062
Release 2015-04-09
Pages 376
Download Link Click Here

Examines how litigation over climate change shapes the choices of governments, corporations and the public regarding mitigation and adaptation.



The Governance Gap

The Governance Gap Author Penelope Simons
ISBN-10 9781317576297
Release 2014-07-11
Pages 460
Download Link Click Here

This book explores the persistence of the governance gap with respect to the human rights-impacting conduct of transnational extractive corporations operating in zones of weak governance. The authors launch their account with a fascinating case study of Talisman Energy’s experience in Sudan, informed by their own experience as members of the 1999 Canadian Assessment Mission to Sudan (Harker Mission). Drawing on new governance, reflexive law and responsive law theories, the authors assess legal and other non-binding governance mechanisms that have emerged since that time, including the UN Guiding Principles on Business and Human Rights. They conclude that such mechanisms are incapable of systematically preventing human rights violating behaviour by transnational corporations, or of assuring accountability of these actors or recompense for victims of such violations. The authors contend that home state regulation, while not a silver bullet, has a crucial role to play in regulating such conduct. They pick up where UN Special Representative John Ruggie’s Guiding Principles on Business and Human Rights left off, and propose an innovative, robust and adaptable template for strengthening the regulatory framework of home states. Their model draws insights from the theoretical literature, leverages existing public, private, transnational, national, ‘soft’ and hard regulatory tools, and harnesses the specific strengths of state-based governance. This book will be of interest to academics, policy makers, students, civil society and business leaders.



Extraterritorial Application of Human Rights Treaties

Extraterritorial Application of Human Rights Treaties Author Fons Coomans
ISBN-10 9789050953948
Release 2004
Pages 281
Download Link Click Here

"Whether as a result of the war on terrorism, foreign military intervention, economic globalisation or otherwise, state conduct increasingly affects the human rights of individuals beyond its own borders ... This book focuses on the extraterritorial application of four key human rights treaties: the two UN Covenants on Human Rights and the American and European Conventions on Human Rights. It points out inconsistencies in the practice of the supervisory bodies of these treaties and discusses the pros and cons of both a restrictive and an expansive approach."--Back cover.



The Right to Reparation in International Law for Victims of Armed Conflict

The Right to Reparation in International Law for Victims of Armed Conflict Author Christine Evans
ISBN-10 9781107019973
Release 2012-06-28
Pages 277
Download Link Click Here

Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.



Human Rights and the Dark Side of Globalisation

Human Rights and the Dark Side of Globalisation Author Thomas Gammeltoft-Hansen
ISBN-10 9781315408255
Release 2016-12-08
Pages 380
Download Link Click Here

This edited volume examines the continued viability of international human rights law in the context of growing transnational law enforcement. With states increasingly making use of global governance modes, core exercises of public authority such as migration control, surveillance, detention and policing, are increasingly conducted extraterritorially, outsourced to foreign governments or delegated to non-state actors. New forms of cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. At the same time, some governments engage in transnational law enforcement exactly to avoid such responsibilities, creatively seeking to navigate the complex, overlapping and sometimes unclear bodies of international law. As such, this volume argues that this area represents a particular dark side of globalisation, requiring both scholars and practitioners to revisit basic assumptions and legal strategies. The volume will be of great interest to students, scholars and practitioners of international relations, human rights and public international law.



Universal Human Rights and Extraterritorial Obligations

Universal Human Rights and Extraterritorial Obligations Author Mark Gibney
ISBN-10 0812204840
Release 2012-07-03
Pages 264
Download Link Click Here

Globalization challenges fundamental principles governing international law, especially with respect to state sovereignty and international relations. This transformation has had a significant impact on the practice of trade law, financial regulation, and environmental law but relatively little effect on one area of law and regulation: human rights. Universal Human Rights and Extraterritorial Obligations examines both the international and domestic foundations of human rights law. What other contemporary human rights debates have almost totally ignored is that in an increasingly interdependent world—where public and private international actors have great influence on the lives of individuals everywhere—it is insufficient to assess only the record of domestic governments in human rights. It is equally important to assess the effect of actions taken by intergovernmental organizations, international private entities, and foreign states. From this standpoint, contributors to this book address how states' actions or omissions may affect the prospects of individuals in foreign states and asks important questions: To what extent do agricultural policies of rich countries influence the right to food in poorer countries? How do decisions to screen asylum seekers outside state borders affect refugee rights? How does cooperation among different states in the "war on terror" influence individuals' rights to be free from torture? This volume presents a brief for a more complex and updated approach to the protection of human rights worldwide.