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Law, Infrastructure, and Human Rights

Law, Infrastructure, and Human Rights
Author: Michael Likosky
Publisher:
Total Pages: 230
Release: 2006
Genre: Electronic books
ISBN: 9780511568886

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Law, Infrastructure and Human Rights

Law, Infrastructure and Human Rights
Author: Michael B. Likosky
Publisher: Cambridge University Press
Total Pages: 33
Release: 2006-10-30
Genre: Political Science
ISBN: 1139458647

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From attacks on oil infrastructure in post-war reconstruction Iraq to the laying of gas pipelines in the Amazon Rainforest through indigenous community villages, infrastructure projects are sites of intense human rights struggles. Many state and non-state actors have proposed solutions for handling human rights problems in the context of specific infrastructure projects. Solutions have been admired for being lofty in principle; however, they have been judged wanting in practice. This book analyzes how human rights are handled in varied contexts and then assesses the feasibility of a common international institutional solution under the auspices of the United Nations to the alleged problem of the inability to translate human rights into practice.


Sustainable Public Procurement of Infrastructure and Human Rights

Sustainable Public Procurement of Infrastructure and Human Rights
Author: Olga Martin-Ortega
Publisher: Edward Elgar Publishing
Total Pages: 285
Release: 2023-03-02
Genre: Law
ISBN: 1802205519

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This innovative book addresses the links between sustainability and human rights in the context of infrastructure projects and uncovers the human rights gap in every stage of public procurement processes to deliver on infrastructure assets or services.


Privatising Development

Privatising Development
Author: Miichael B. Likosky
Publisher: BRILL
Total Pages: 339
Release: 2005-07-01
Genre: Law
ISBN: 904740730X

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This book looks at the shift since the 1980s away from state-financed and towards privatised international infrastructure projects. An interdisciplinary group of contributors look at the relationship between privatisation and human rights in diverse national settings and in multiple sectors of the economy. These issues are explored through international organisation frameworks and internal policies, legislative guides, contracts, and public-private partnerships. The roles of the World Bank, MIGA, export credit agencies, the UN Commission on International Trade Law, credit ratings agencies, international banks, TNCs, NGOs, community groups and state agencies are examined.


Government Participation in Privatisation

Government Participation in Privatisation
Author: Michael Likosky
Publisher:
Total Pages: 224
Release: 2007
Genre: Infrastructure (Economics)
ISBN: 9780754647812

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As governments again take a more proactive role in major projects, this volume systematically examines infrastructure privatisation, exploring the significance of partial reversion to state control from the perspective of human rights advancement.


The Twilight of Human Rights Law

The Twilight of Human Rights Law
Author: Eric Posner
Publisher: Oxford University Press
Total Pages: 219
Release: 2014-10-01
Genre: Political Science
ISBN: 0199313466

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Countries solemnly intone their commitment to human rights, and they ratify endless international treaties and conventions designed to signal that commitment. At the same time, there has been no marked decrease in human rights violations, even as the language of human rights has become the dominant mode of international moral criticism. Well-known violators like Libya, Saudi Arabia, and Sudan have sat on the U.N. Council on Human Rights. But it's not just the usual suspects that flagrantly disregard the treaties. Brazil pursues extrajudicial killings. South Africa employs violence against protestors. India tolerate child labor and slavery. The United States tortures. In The Twilight of Human Rights Law--the newest addition to Oxford's highly acclaimed Inalienable Rights series edited by Geoffrey Stone--the eminent legal scholar Eric A. Posner argues that purposefully unenforceable human rights treaties are at the heart of the world's failure to address human rights violations. Because countries fundamentally disagree about what the public good requires and how governments should allocate limited resources in order to advance it, they have established a regime that gives them maximum flexibility--paradoxically characterized by a huge number of vague human rights that encompass nearly all human activity, along with weak enforcement machinery that churns out new rights but cannot enforce any of them. Posner looks to the foreign aid model instead, contending that we should judge compliance by comprehensive, concrete metrics like poverty reduction, instead of relying on ambiguous, weak, and easily manipulated checklists of specific rights. With a powerful thesis, a concise overview of the major developments in international human rights law, and discussions of recent international human rights-related controversies, The Twilight of Human Rights Law is an indispensable contribution to this important area of international law from a leading scholar in the field.


International Economic Law in the 21st Century

International Economic Law in the 21st Century
Author: Ernst-Ulrich Petersmann
Publisher: Bloomsbury Publishing
Total Pages: 574
Release: 2012-07-24
Genre: Law
ISBN: 1847319815

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The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.


Security and Law

Security and Law
Author: Charlotte Ducuing
Publisher:
Total Pages: 0
Release: 2019
Genre: Computer networks
ISBN: 9781780688893

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Security and law against the backdrop of technological development.Few people doubt the importance of the security of a state, its society and its organizations, institutions and individuals, as an unconditional basis for personal and societal flourishing. Equally, few people would deny being concerned by the often occurring conflicts between security and other values and fundamental freedoms and rights, such as individual autonomy or privacy for example. While the search for a balance between these public values is far from new, ICT and data-driven technologies have undoubtedly given it a new impulse. These technologies have a complicated and multifarious relationship with security.This book combines theoretical discussions of the concepts at stake and case studies following the relevant developments of ICT and data-driven technologies. Part I sets the scene by considering definitions of security. Part II questions whether and, if so, to what extent the law has been able to regulate the use of ICT and datadriven technologies as a means to maintain, protect or raise security, in search of a balance between security and other public values, such as privacy and equality. Part III investigates the regulatory means that can be leveraged by the law-maker in attempts to secure products, organizations or entities in a technological and multiactor environment. Lastly, Part IV, discusses typical international and national aspects of ICT, security and the law.


Sri Lanka, Human Rights and the United Nations

Sri Lanka, Human Rights and the United Nations
Author: Thamil Venthan Ananthavinayagan
Publisher: Springer
Total Pages: 266
Release: 2019-04-30
Genre: Law
ISBN: 9811373507

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This book examines the engagement between the United Nations’ human rights machinery and the respective governments since Sri Lanka (then Ceylon) joined the United Nations. Sri Lanka has a long and rich history of engagement with international human rights instruments. However, despite its active membership in the UN, the country’s post-colonial trials and tribulations are emblematic of the limited influence the international organisation has exerted on this country in the Global South. Assessing the impact of this international engagement on the country’s human rights infrastructure and situation, the book outlines Sri Lanka’s colonial and post-colonial development. It then considers the development of a domestic human rights infrastructure in the country. It also examines and analyzes Sri Lanka’s engagement with the UN’s treaty-based and charter-based human rights bodies, before offering conclusions concerning the impact of said engagement. The book offers an innovative approach to gauging the impact of international human rights engagement, while also taking into account the colonial and post-colonial imperatives that have partly dictated governmental behaviour. By doing so, the book seeks to combine and analyse international human rights law, post-colonial critique, studies on biopower, and critical approaches to international law. It will be a useful resource not only for scholars of international law, but also for practitioners and activists working in this area.


Can the European Court of Human Rights Shape European Public Order?

Can the European Court of Human Rights Shape European Public Order?
Author: Kanstantsin Dzehtsiarou
Publisher: Cambridge University Press
Total Pages: 251
Release: 2021-12-02
Genre: Law
ISBN: 1108752349

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In this book, Kanstantsin Dzehtsiarou argues that, from the legal perspective, the formula 'European public order' is excessively vague and does not have an identifiable meaning; therefore, it should not be used by the European Court of Human Rights (ECtHR) in its reasoning. However, European public order can also be understood as an analytical concept which does not require a clearly defined content. In this sense, the ECtHR can impact European public order but cannot strategically shape it. The Court's impact is a by-product of individual cases which create a feedback loop with the contracting states. European public order is influenced as a result of interaction between the Court and the contracting parties. This book uses a wide range of sources and evidence to substantiate its core arguments: from a comprehensive analysis of the Court's case law to research interviews with the judges of the ECtHR.