Expanding Human Rights

Author: Alison Brysk
Publisher:
ISBN: 1785368834
Release Date: 2017-01-27
Genre:

This multi-disciplinary book addresses the ever-expanding notion of human rights within the 21st century. By analyzing the global dynamics of the mobilization of new actors, claims, institutions and modes of accountability, Brysk and Stohl assess the potential and limitations of global reforms. Expanding Human Rights gives a comprehensive overview of current human rights issues and the outlook for the future. The contributors present evidence of new methods for enforcing existing rights and new strategies for further development through in-depth analysis of campaigns and reforms from Eastern Europe, Japan, India, Africa and the US. These include rights of indigenous peoples, food and water rights, violence against women, child mortality and international financial and corporate responsibility. This book will interest academics and advanced students in human rights, international affairs, political science and law. Policy makers and global human rights activists will find the analyses and insights concerning the expansion of rights and the often accompanying backlash to be of great use when approaching their next human rights campaign.

The Legal Protection of Refugees with Disabilities

Author: Mary Crock
Publisher: Edward Elgar Publishing
ISBN: 9781786435446
Release Date: 2017-08-25
Genre:

This ground-breaking book focuses on the ‘forgotten refugees’, detailing people with disabilities who have crossed borders in search of protection from disaster or human conflict. The authors explore the intersection between one of the oldest international human rights treaties, the 1951 Convention relating to the Status of Refugees, with one of the newest: the Convention on the Rights of Persons with Disabilities (CRPD). Drawing on fieldwork in six countries hosting refugees in a variety of contexts – Malaysia, Indonesia, Pakistan, Uganda, Jordan and Turkey – the book examines how the CRPD is (or should) be changing the way that governments and aid agencies engage with and accommodate persons with disabilities in situations of displacement. The timeliness of the book is underscored by the adoption in mid-2016 of the UN Charter on Inclusion of Persons with Disabilities in Humanitarian Action adopted at the World Humanitarian Summit.

Ethno Cultural Diversity and Human Rights

Author: Gaetano Pentassuglia
Publisher: BRILL
ISBN: 9789004328785
Release Date: 2017-11-13
Genre: Political Science

Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, Ethno-Cultural Diversity and Human Rights brings prominent experts together to address contested dimensions of the role of ethno-cultural groups in human rights discourse.

Stemming the Tide

Author: Madeline Baer
Publisher: Oxford University Press
ISBN: 9780190693152
Release Date: 2017
Genre: Nature

When privatization of public services swept the developing world in the 1990s, it was part of a seemingly unstoppable tide of neoliberal reforms aimed at reducing the role of the state and reorienting economies toward market-led policymaking. Water privatization, one of the more unpopular policies of the neoliberal development paradigm, sparked a particularly fierce debate and gave rise to a movement of self-proclaimed "water warriors" who advocated for legal recognition of water as a basic human right to be protected and fulfilled by states. Complicating this debate, Madeline Baer questions whether either approach -- the market approach or a human rights-based approach -- leads to improved access to water. More specifically, Baer explores how the human right to water and sanitation is fulfilled in different contexts, whether neoliberal policies like privatization pose a threat to the right to water, and whether rights fulfillment leads to meaningful social change. Using two case studies -- Chile, the most extreme case of water privatization in the developing world, and Bolivia, the birthplace of the global movement for the human right to water -- Stemming the Tide uncovers the conditions under which the right to water and sanitation can be fulfilled, as well as the obstacles to fulfilment. Ultimately this book argues that deepening mechanisms for citizen participation, strengthening accountability, and creating alternatives to the state/market binary can help achieve meaningful social transformation in the water sector.

Global Environmental Governance

Author: Louis J. Kotzé
Publisher: Edward Elgar Publishing
ISBN: 9781781002537
Release Date: 2012-01-01
Genre: Law

ÔThis book is a novel, sophisticated, broad ranging and insightful study of the idea of global environmental governance but from a legal dimension and perspective. While recognising that concepts and ideas used to describe governance are generally abstract, vague and slippery, this project brings clarity to the field by being theoretically informed, contextually sensitive and pragmatically circumscribed. Its conclusions and arguments open up a field of inquiry that has to be genuinely interdisciplinary and in that sense has great potential to contribute to a better understanding of environmental themes and issues. This book is destined to become a landmark for legal academics who will write about environmental governance in that its concern is with the global governance of nature rather than a text that uses the environment as a pretext for understanding governance. It is well written, easy and enjoyable to read and while it traverses through diverse bodies of literature it manages to effectively communicate with a variety of scholarly communities.Õ Ð Afshin Akhtarkhavari, Griffith Law School, Australia ÔFourth generation global environmental regulation attempts to address the complex realities of an interconnected environment, global environmental problems and collective regulatory responses. It merits conceptual clarity. Louis KotzŽ reveals the legal contours and content of global environmental governance by chipping away such parts of the conceptual marble block as are not needed. For the environmental lawyer, it is a welcome Ð and much needed Ð process of elimination. This book provides a toolkit for lawyers to engage critically with the extra-legal concept of environmental governance. Its scrutiny and careful analysis contribute meaningfully to the environmental discourse.Õ Ð Christine Voigt, University of Oslo, Norway ÔGlobal Environmental Governance is a truly important book. Drawing on a multitude of disciplines, award-winning environmental law Professor Louis KotzŽ masterfully explains the emerging concept of Òglobal environmental governanceÓ and its elements of globalism, environmental law, regulation, and governance theory. He makes a compelling case that the world has outgrown the ÒsustainabilityÓ model and moved toward this more all-encompassing approach to environmental regulation. This admirable book makes global environmental governance theory understandable and pertinent so environmental leaders, lawyers, and regulators can engage comfortably with this new vision for an ecologically and economically healthy world.Õ Ð George (Rock) Pring, University of Denver Sturm College of Law, US ÔThis book, in examining the relationship between global environmental governance and environmental law, provides an important and timely contribution to the quest to fashion a more viable approach to regulating the relationship between humanity and the environment. While the term ÒgovernanceÓ is much employed in international environmental law scholarship, its conceptual underpinnings have not, on the whole, been adequately addressed in the legal sphere and understanding of the symbiotic relationship between the two areas has suffered as a result. This book makes a welcome start to tackling these issues and, it is to be hoped, will trigger renewed vigour in this socially and legally vital area of inquiry.Õ Ð Karen Morrow, University of Swansea, Wales, UK ÔFor years, scholars of international law and international relations have developed parallel literatures. In Global Environmental Governance, Louis KotzŽ offers a common conceptual, theoretical, and normative ground in the global environmental field. As a skillful lawyer, he dissects terminology, explains core assumptions, and constructs causal chains. But he does not stop there. His shrewd analysis of power and authority, individual incentives and collective action, management and regulation builds a bridge between law and politics as disciplines concerned about what global environmental governance is and how it can be improved.Õ Ð Maria Ivanova, University of Massachusetts, US ÔIn search of shelter from the buffeting blasts of climate change, biodiversity loss, resource depletion, famine and disease, states and public agencies, community representatives, resource users, advocacy networks and citizens huddle together under the vast and varied institutional umbrellas of environmental governance. Louis KotzŽÕs innovative study systematically describes the role of environmental law as the springs, stretchers, ribs and handles of the decision-making umbrellas we so desperately hope will hold firm when they are opened up in times of need.Õ Ð Jamie Benidickson, University of Ottawa, Canada ÔThe concept of Òglobal environmental governanceÓ has been part of the lexicon in accounts of global environmental politics for some time. Yet to date it has escaped comprehensive assessment from a legal perspective. This groundbreaking work fills this gap in the literature. It offers a masterful analysis of the theoretical underpinnings of the environmental governance, and highlights the critical importance of environmental regulation in ensuring that environmental governance lives up to its promise as a means for achieving truly ecologically sustainable development.Õ Ð Tim Stephens, University of Sydney, Australia This timely book brings much-needed clarity to the concept of Ôenvironmental governanceÕ as manifested in the global regulatory domain. The author argues that despite being used as a fashionable term by many Ð including economists, political scientists, environmentalists and, increasingly, lawyers Ð its theoretical contours and conceptual content remain unclear, incoherent, and inconsistent. In addressing this problem, the book begins by describing globalization as a general context of governance. It comprehensively interrogates and clarifies both the governance and global governance concepts, and then explains aspects and components of global environmental governance. Finally it investigates the role of law in global environmental governance. Providing a much-needed definition of environmental governance and global environmental governance, this comprehensive study will appeal to academics and researchers, post-graduate and under-graduate students, intergovernmental organizations such as UNEP, WTO, IUCN, as well as governments and governmental agencies involved with environmental regulation.

Research Handbook on Transnational Labour Law

Author: Adelle Blackett
Publisher: Edward Elgar Publishing
ISBN: 9781782549796
Release Date: 2015-09-25
Genre: LAW

The editors’ substantive introduction and the specially commissioned chapters in the Handbook explore the emergence of transnational labour law as a field, along with its contested contours. The expansion of traditional legal methods, such as treaties, is juxtaposed with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international and regional institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law’s capacity to build bridges, including on migration, climate change and development.

Refugees Regionalism and Responsibility

Author: Penelope Mathew
Publisher: Edward Elgar Publishing
ISBN: 9781782547297
Release Date: 2016-07-27
Genre: Law

The ongoing refugee and migrant crisis in Europe has accelerated the need to find answers for refugee movements. Refugees, Regionalism and Responsibility examines regional cooperation as a potential solution. Through a thorough assessment of past and present regional arrangements concerning refugees, this book considers whether regionalism has resulted in protection and durable solutions for both refugees and participating states.

The Governance Gap

Author: Penelope Simons
Publisher: Routledge
ISBN: 9781317576297
Release Date: 2014-07-11
Genre: Business & Economics

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.

Research Handbook on International Environmental Law

Author: Malgosia Fitzmaurice
Publisher: Edward Elgar Publishing
ISBN: 9781849807265
Release Date: 2010
Genre: Law

. . . an impressive volume and the editors have put together a high quality collection. Research Handbook on International Environmental Law ought to be an invaluable reference source for both teachers and students of international environmental law in the years to come. Web Journal of Current Legal Issues This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues in IEL, such as responsibility for environmental damage, sustainable development and the precautionary principle, alongside studies in topical subject areas including marine protection and the law of international watercourses. This Research Handbook offers an in-depth analysis of IEL, both as a field of law in its own right, and as part of the wider system of international law. It gives a comprehensive view of IEL in all its forms and complexity. With thorough examination of specific environmental regimes and compliance mechanisms, this Handbook will be an indispensable resource for legal scholars, students and practitioners alike.

LGBT Activism and the Making of Europe

Author: Phillip Ayoub
Publisher: Palgrave Macmillan
ISBN: 1137391758
Release Date: 2014-10-28
Genre: Political Science

Europe has long been regarded as a unique place for the promotion and furthering of LGBT rights. This important and compelling study investigates the alleged uniqueness and its ties to a relatively long history of LGBT and queer movements in the region. Contributors argue that LGBT movements were inspired by specific ideas about European democratic values and a responsibility towards human rights, and that they sought to realize these on the ground through activism, often crossing borders to foster a wider movement. In making this argument, they discuss the 'idea of Europe' as it relates to LGBT rights, the history of European LGBT movements, the role of European institutions in adopting LGBT policies, and the construction of European 'others' in this process.

When States Come Out

Author: Phillip M. Ayoub
Publisher: Cambridge University Press
ISBN: 9781107115590
Release Date: 2016-04-29
Genre: Mathematics

In the last two decades, the LGBT movement has gained momentum that is arguably unprecedented in speed and suddenness when compared to other human rights movements. This book investigates the recent history of this transnational movement in Europe, focusing on the diffusion of the norms it champions and the overarching question of why, despite similar international pressures, the trajectories of socio-legal recognition for LGBT minorities are so different across states. The book makes the case that a politics of visibility has engendered the interactions between movements and states that empower marginalized people - mobilizing actors to demand change, influencing the spread of new legal standards, and weaving new ideas into the fabrics of societies. It documents how this process of 'coming out' empowers marginalized social groups by moving them to the center of political debate and public recognition and making it possible for them to obtain rights to which they have due claim.

Blame it on the WTO

Author: Sarah Joseph
Publisher: Oxford University Press
ISBN: 9780199689767
Release Date: 2013-09-05
Genre: Business & Economics

The WTO is often accused of not paying enough attention to human rights. This book weighs these criticisms and examines their validity, both from a legal and from political and economic points of views. It asks whether the WTO is under an obligation to construct a fairer trade system and discusses suggestions for reform.

Labor Rights and Multinational Production

Author: Layna Mosley
Publisher: Cambridge University Press
ISBN: 1139493450
Release Date: 2010-11-01
Genre: Political Science

Labor Rights and Multinational Production investigates the relationship between workers' rights and multinational production. Mosley argues that some types of multinational production, embodied in directly owned foreign investment, positively affect labor rights. But other types of international production, particularly subcontracting, can engender competitive races to the bottom in labor rights. To test these claims, Mosley presents newly generated measures of collective labor rights, covering a wide range of low- and middle-income nations for the 1985–2002 period. Labor Rights and Multinational Production suggests that the consequences of economic openness for developing countries are highly dependent on foreign firms' modes of entry and, more generally, on the precise way in which each developing country engages the global economy. The book contributes to academic literature in comparative and international political economy, and to public policy debates regarding the effects of globalization.

Human Development Report 2016

Author: United Nations Development Programme
Publisher: Human Development Report (Pape
ISBN: 9211264138
Release Date: 2017-03-21
Genre: Business & Economics

This report focuses on how human development can be ensured for everyone, now and in future. It starts with an account of the hopes and challenges of today's world, envisioning where humanity wants to go. This vision draws from and builds on the 2030 Agenda and the Sustainable Development Goals. It explores who has been left behind in human development progress and why. It argues that to ensure that human development reaches everyone, some aspects of the human development framework and assessment perspectives have to be brought to the fore. The Report also identifies the national policies and key strategies to ensure that will enable every human being achieve at least basic human development and to sustain and protect the gains.

Diaspora and Transnationalism

Author: Rainer Bauböck
Publisher: Amsterdam University Press
ISBN: 9789089642387
Release Date: 2010
Genre: Social Science

Diaspora & transnationalism are widely used concepts in academic & political discourses. Although originally referring to quite different phenomena, they increasingly overlap today. Such inflation of meanings goes hand in hand with a danger of essentialising collective identities. This book analyses this topic.