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Author: Maxwel Miyawa Publisher: ISBN: Category : Languages : en Pages : 38
Book Description
Mainstream legal scholarship has paid much attention to clarifying the meaning of the right to development by placing a great deal of scrutiny primarily on obligations of states to the neglect of non-state actors, as if states are the only integral players in the global economy necessary for realizing the right to development. This entrepreneurship steered clear of assessing viability of the right's founding vision of redressing institutional imbalances and unfairness of the global economic order. If the discourse took a global order reform trajectory, it would have injected thoughts on how accountability of international economic institutions and transnational corporations can be formulated in a way that bridges the disjuncture between human rights and economic globalization. This article argues that contemporary accountability practices underpinned by the state responsibility doctrine are ill-conceived and inadequate because they overplay the role of the state. Yet, the state is subordinated to the vested interests of unaccountable global capital which seed the global economy with numerous incidences of rights violations. Thus, the article recommends an expanded notion of accountability (answerability, responsibility, sanctions) detached from a state-centric conception of accountability, and which bears the potential of resolving the non-state actor accountability deficit in international law.
Author: Maxwel Miyawa Publisher: ISBN: Category : Languages : en Pages : 38
Book Description
Mainstream legal scholarship has paid much attention to clarifying the meaning of the right to development by placing a great deal of scrutiny primarily on obligations of states to the neglect of non-state actors, as if states are the only integral players in the global economy necessary for realizing the right to development. This entrepreneurship steered clear of assessing viability of the right's founding vision of redressing institutional imbalances and unfairness of the global economic order. If the discourse took a global order reform trajectory, it would have injected thoughts on how accountability of international economic institutions and transnational corporations can be formulated in a way that bridges the disjuncture between human rights and economic globalization. This article argues that contemporary accountability practices underpinned by the state responsibility doctrine are ill-conceived and inadequate because they overplay the role of the state. Yet, the state is subordinated to the vested interests of unaccountable global capital which seed the global economy with numerous incidences of rights violations. Thus, the article recommends an expanded notion of accountability (answerability, responsibility, sanctions) detached from a state-centric conception of accountability, and which bears the potential of resolving the non-state actor accountability deficit in international law.
Author: Andrew Clapham Publisher: ISBN: 9781781004029 Category : Human rights Languages : en Pages : 0
Book Description
The question of whether non-state actors have human rights obligations is ultimately dependent on what we mean when we speak of human rights and what entities we consider to be non-state actors. Focusing the debate, this important collection presents an essential set of contributions which address these questions. An original introduction provides the context for the selection of papers that, first offer a general overview, and then a focus on the roles and impact of national legal orders, international organizations, corporations and rebel groups. This volume is essential reading for anyone interested in the fast-moving developments related to the ways human rights law now applies to non-state actors.
Author: Subrata Roy Chowdhury Publisher: BRILL ISBN: 9004637680 Category : Law Languages : en Pages : 441
Book Description
The chapters in this volume are based on the papers that were presented at the Calcutta seminar organized in March 1992 by the ILA Committee on Lehal Aspects of a New International Economic Order (NIEO). The conference focused on the right to development, in particular its ideas and ideology, human rights aspects and implementation in specific areas of international law. The volume is accordingly organized in three parts. The chapters cover a vast area of subjects, derived from the UN Declaration of the Right to Development. From the developed and underdeveloped world 33 authors discuss topics including: contents, scope and implementation of the right to development; human rights of individuals and peoples; co-operation between the European Community and the Lomé IV states; current developments in investments treaties; refugee protection; development and democracy; concept of sustainable development; environmental issues; protection of intellectual property; transfer of technology; human rights in international financial institutions; and the legal conceptualization of the debt crisis. Professor Oscar Schachter observes in the first chapter that the Declaration continues to be a `challenging subject for legal commentary' for its `detable legal status, its combination of collective and individual rights, its expansive conception of development and its equivocal obligation'. Apart from support, doubts about the concept to the right to development may also be found in this volume.
Author: Andrew Clapham Publisher: ISBN: Category : Law Languages : en Pages : 656
Book Description
Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights which goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. It finishes with examples of how non-state actors can be held legally accountable for their actions in various jurisdictions and suggests a framework for understanding the limits of human rights in this context.
Author: United Nations. Office of the High Commissioner for Human Rights Publisher: ISBN: Category : Business & Economics Languages : en Pages : 584
Book Description
This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.
Author: Jihon Kim Publisher: Springer Nature ISBN: 9811666598 Category : Social Science Languages : en Pages : 203
Book Description
This book provides a comprehensive overview of international cultural heritage law from the perspectives of non-state actors (NSAs). In keeping with the significant developments concerning the status and roles of NSAs in international law over the last century, NSAs such as communities, experts, NGOs, and international organizations have become important participants in the implementation of international cultural heritage conventions. Indeed, due to the emergence of new ideas on common heritage and cultural rights in the 20th century, international cultural heritage law has become inconsistent with States’ claim to sole authority regarding the protection of cultural heritage. The author analyzes the texts of international cultural heritage conventions, as well as their operational texts, to track essential changes in the rights, obligations, and roles of NSAs since the mid-20th century. Practical cases on the status and roles of NSAs are introduced to glean empirical ideas and facilitate an in-depth understanding of their effectiveness. The analysis reveals that NSAs do have certain rights and responsibilities concerning the implementation of cultural heritage conventions, and their roles have been increasingly recognized. At the same time, however, discrepancies between text and practice can be observed when it comes to the status and roles of NSAs. They have emerged for various reasons, one of which is the politicization of conventions’ governance. Adopting the standpoint of the NSAs, the book emphasizes the need to explore innovative and practical mechanisms that will allow NSAs to attain their proper status and take on practical roles under international cultural heritage law, which will in turn ensure the sustainable protection of cultural heritage. This message becomes more pertinent to the current conflicts where various tensions between states and NSAs have arisen and the roles of NSAs have become more important.Given its scope, the book will be of special interest to students, researchers and professionals at government and non-government organizations in the fields of heritage, the arts, law, administration, and development.
Author: Markus Kaltenborn Publisher: Springer Nature ISBN: 3030304698 Category : Climatic changes Languages : en Pages : 246
Book Description
This open access book analyses the interplay of sustainable development and human rights from different perspectives including fight against poverty, health, gender equality, working conditions, climate change and the role of private actors. Each aspect is addressed from a more human rights-focused angle and a development-policy angle. This allows comparisons between the different approaches but also seeks to close gaps which would remain if only one perspective would be at the center of the discussions. Specifically, the book shows the strong connections between human rights and the objectives of the 2030 Agenda for Sustainable Development and the Sustainable Development Goals adopted by the United Nations in 2015. Already the preamble of this document explicitly states that "the 17 Sustainable Development Goals ... seek to realise the human rights of all". Moreover, several goals and targets of the 2030 Agenda correspond to already existing individual human rights obligations. The contributions of this volume therefore also address how the implementation of human rights and SDGs can reinforce each other, but also point to critical shortcomings of the different approaches.
Author: Carol Chi Ngang Publisher: Routledge ISBN: 100043379X Category : Nature Languages : en Pages : 247
Book Description
This book explores the nexus between natural resources ownership and the right to development in Africa. The right to sovereignty over natural resources and the right to development are recognised and protected in an extensive framework of international, regional and domestic instruments. They guarantee people's entitlement to fully and freely utilise their natural resources as a means of subsistence and for economic, social and cultural development. Yet, despite the abundance of natural resources in Africa a majority of the people on the continent remain largely impoverished. This book articulates the central argument that to achieve the right to development in Africa requires appropriate governance of the continent’s natural resources to which the people of Africa are guaranteed sovereign ownership. With case study illustrations from Zimbabwe, Ghana, Ethiopia and the Democratic Republic of Congo, chapters explore the normative measures, specific guarantees and community entitlements to natural resources for the realisation of the right to development. The book will be an invaluable guide to scholars and postgraduate students of Natural Resources, Development and African studies as well as policymakers and practitioners in these areas.
Author: Maxwel Miyawa
Author: Maxwel Miyawa
Author: Andrew Clapham
Author: Subrata Roy Chowdhury
Author: Andrew Clapham
Author: United Nations. Office of the High Commissioner for Human Rights
Author: Jihon Kim
Author: Markus Kaltenborn
Author: David Jason Karp
Author: Mary Ellen O'Connell
Author: Carol Chi Ngang