Participation and Democratic Innovation under International Human Rights Law
Participation and Democratic Innovation under International Human Rights Law

Author: Nicholas McMurry

Publisher: Taylor & Francis

Published: 2023-04-28

Total Pages: 284

ISBN-13: 1000864693

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This book explores the human rights principle of participation and the human right to participation. The work presents an argument that international human rights law imposes obligations to enable participation, and demonstrates that it has been interpreted in this way by authoritative bodies. Divided into four parts, Part I provides the historical and theoretical background. Part II presents the argument that a right to participation and a human rights principle of participation exist in international law and Part III argues that human rights law, and the way it has been interpreted, can provide a coherent account of the content of such a right and principle. The conclusions of the book and their implications are explored in Part IV. While there have been several studies of specific forms of participation, such as collective bargaining, this study provides a coherent account of the meaning and application of participation in international human rights law as a whole. The book will be an invaluable resource for academics, researchers, and policy-makers working in the area of international human rights law.

The Human Right to Housing in the Face of Land Policy and Social Citizenship
The Human Right to Housing in the Face of Land Policy and Social Citizenship

Author: Michael Kolocek

Publisher: Springer

Published: 2017-08-02

Total Pages: 281

ISBN-13: 3319534890

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This book explores the human right to housing, presenting the findings of a global discourse analysis to analyse the right to housing from the perspective of theories on land policy and social citizenship. The book concludes that planners and policy makers will not be able to completely fulfil the human right to housing. For that reason, the book presents a theory of de-commodification of land use that highlights the meaning of land use rights for people affected by inadequate housing. Students and scholars across a range of disciplines, including social policy, global social policy, human rights law, discourse theory, and sociology will find this study of interest.

The Human Right to Water
The Human Right to Water

Author: Inga Winkler

Publisher: Bloomsbury Publishing

Published: 2014-08-14

Total Pages: 376

ISBN-13: 1847319629

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The United Nations General Assembly and the Human Rights Council recognised the human right to water in 2010. This formal recognition has put the issue high on the international agenda, but by itself leaves many questions unanswered. This book addresses this gap and clarifies the legal status and meaning of the right to water through a detailed analysis of its legal foundations, legal nature, normative content and corresponding State obligations. The human right to water has wide-ranging implications for the distribution of water. Examining these implications requires putting the right to water into the broader context of different water uses and analysing the linkages and competition with other human rights that depend on water for their realisation. Water allocation is a highly political issue reflecting societal power relations, with current priorities often benefitting the well-off and powerful. Human rights, in contrast, require prioritising the most basic needs of all people. The human right to water has the potential to address these underlying structural causes of the lack of access to water rooted in inequalities and poverty by empowering people to hold the State accountable to live up to its human rights obligations and to demand that their basic needs are met with priority.

International Labour Rights and the Social Clause
International Labour Rights and the Social Clause

Author: Arne Daniel Albert Vandaele

Publisher: Cameron May

Published: 2005

Total Pages: 959

ISBN-13: 1905017014

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Takes as its starting point the observation that a social clause should be concerned with achieving international labour rights. Analyses the conception of international labour rights involving not only law but also other disciplines such as history, morality and economics. Shows that the discussion on the social clause is emblematic of the way the WTO and the international trade system should deal with human rights in general. It requires an approach grounded in international law in the broadest sense, covering general international law, international human rights law, international trade law, international labour law and legal theory.

Business and Human Rights
Business and Human Rights

Author: Dalia Palombo

Publisher: Bloomsbury Publishing

Published: 2020-02-06

Total Pages: 265

ISBN-13: 1509928049

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This book analyses the accountability of European home States for their failure to secure the human rights of victims from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-à-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses.

Public Policy in International Economic Law
Public Policy in International Economic Law

Author: Diane Desierto

Publisher: OUP Oxford

Published: 2015-02-19

Total Pages: 328

ISBN-13: 0191026484

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States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.

Handbook of Comparative Higher Education Law
Handbook of Comparative Higher Education Law

Author: Charles J. Russo, Ed.D., J.D., Panzer Chair in Education, University of Dayton

Publisher: R&L Education

Published: 2013-07-11

Total Pages: 403

ISBN-13: 1475804059

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This book can serve as valuable resource for educational practitioners in higher education insofar as it provides them with an enhanced awareness of strategies that are being used to manage problems commonly faced in multiple educational settings.

The Oxford Handbook of Children's Rights Law
The Oxford Handbook of Children's Rights Law

Author: Jonathan Todres

Publisher:

Published: 2020

Total Pages: 797

ISBN-13: 0190097604

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This book is a foundational interdisciplinary volume on children's rights that is relevant to scholars, practitioners, and students with an interest in children's rights, human rights, family law, and related topics. With contributions from leading experts in the field of children's rights, this book provides both in-depth analysis of children's rights as a discipline, and maps the critical issues for advancing children's rights today and in the future.