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Litigating Transnational Human Rights Obligations

Litigating Transnational Human Rights Obligations Author Mark Gibney
ISBN-10 9781135121051
Release 2013-10-30
Pages 358
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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
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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
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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
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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
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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
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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
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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
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"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"--



Climate Change Litigation

Climate Change Litigation Author Jacqueline Peel
ISBN-10 9781107036062
Release 2015-04-09
Pages 376
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Examines how litigation over climate change shapes the choices of governments, corporations and the public regarding mitigation and adaptation.



Handbook of Disability Studies

Handbook of Disability Studies Author Gary L. Albrecht
ISBN-10 9781452212531
Release 2001-05-24
Pages 864
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This path-breaking Handbook of Disability Studies signals the emergence of a vital new area of scholarship, social policy and activism. Drawing on the insights of disability scholars around the world and the creative advice of an international editorial board, the book engages the reader in the critical issues and debates framing disability studies and places them in an historical and cultural context. Five years in the making, this one volume summarizes the ongoing discourse ranging across continents and traditional academic disciplines. The Handbook answers the need expressed by the disability community for a thought provoking, interdisciplinary, international examination of the vibrant field of disability



Human Rights Obligations of Non State Actors

Human Rights Obligations of Non State Actors Author Andrew Clapham
ISBN-10 9780191018626
Release 2006-03-02
Pages 648
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The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some, extending human rights into these spheres trivializes human rights and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy. While neither concept can unravel the dilemmas involved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.



Human Rights and Business Direct Corporate Accountability for Human Rights

Human Rights and Business  Direct Corporate Accountability for Human Rights Author Tara Van Ho
ISBN-10 9462402078
Release 2015-03-31
Pages 564
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The global business environment has changed rapidly in the past decades, but the human rights and business discourse has often lagged behind. At the international level, hard law regulations still seem decades away. United Nations' initiatives - such as the Guiding Principles and the UN Working Group on the issue of human rights and transnational corporations and other business enterprises - are more than a step in the right direction. However, they alone are insufficient to prevent violations and ensure victims receive justice. This book uses a broad and pluralistic understanding of direct human rights obligations, concentrating on legally enforceable standards. The enforceability can come directly from international law, through national legislation, or through non-state actors. The contributions engage both with the law as it is, as well as the law as it needs to be developed. The book's approach allows for a clearer understanding of the global human rights framework, and the manner in which voluntary and binding initiatives can reinforce one another. By weaving together analysis on the current standards and practices with critical approaches, it allows scholars and practitioners to capture the complexity of holding businesses accountable for their human rights impacts. [Subject: International Law, Human Rights Law, Company Law]



Beyond Voluntarism

Beyond Voluntarism Author
ISBN-10 9782940259199
Release 2002
Pages 177
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Global Justice State Duties

Global Justice  State Duties Author Malcolm Langford
ISBN-10 9781107012776
Release 2012-12-24
Pages 477
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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.



Transnational Legal Processes and Human Rights

Transnational Legal Processes and Human Rights Author Asst Prof Lauren Fielder
ISBN-10 9781472404459
Release 2013-03-28
Pages 288
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It is becoming increasingly common for human rights norms to be transferred between legal and political systems and this book is a fresh approach to the intersection of transnational law and the protection of cultural difference beyond the single state border. It investigates how the construction and evolution of human rights norms are transferred in transnational legal settings and asks whether law should reflect, express or control any given aspect of culture. The chapters explore the ways that law and cultural identity may or may not co-exist, particularly in circumstances where a prima facie clash is observed. Examining legal approaches to cultural differences from a comparative perspective and across a wide range of locations, the book covers topics such as juvenile punishment, religious defamation, religious rights and conflict between industry and indigenous communities. It will be of value to those working in the areas of transnational and comparative law, as well as those concerned with human rights and the intersection of law and cultural difference.



Research Handbook on International Human Rights Law

Research Handbook on International Human Rights Law Author Sarah Joseph
ISBN-10 9781849803373
Release 2010-01-01
Pages 596
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This handbook brings together the work of 25 leading human rights scholars from all over the world, covering a broad range of human rights topics.



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