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 Protection of Indigenous Peoples and Reduction of Forest Carbon Emissions
The Protection of Indigenous Peoples and Reduction of Forest Carbon Emissions

Author: Handa Abidin

Publisher: BRILL

Published: 2015-07-14

Total Pages: 368

ISBN-13: 9004298630

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In The Protection of Indigenous Peoples and Reduction of Forest Carbon Emissions, Handa Abidin identifies three main approaches that can be used by indigenous peoples to protect their rights in the context of REDD-plus. Further, he discusses how the available protection for indigenous peoples in the context of REDD-plus is currently insufficient to quickly address cases where the rights of indigenous peoples have been violated through REDD-plus activities. Abidin recommends the establishment of a committee and a panel on REDD-plus that could convey greater benefits to the context of REDD-plus and indigenous peoples, as well as to wider contexts such as climate change, human rights, and international law.

Migrants and Rights
Migrants and Rights

Author: Mary Crock

Publisher: Routledge

Published: 2017-05-15

Total Pages: 894

ISBN-13: 1351917625

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The concept of the migrant as rights bearer at law is surprisingly recent and under-developed. Migrants have traditionally been seen as outsiders, persons who are in society but not yet of society. Migrants are at best invitees, ’guests’ for whom presence in a country is a privilege. This is the first of two volumes which bring together writings which trace the evolution in thinking about migrants as legal subjects and rights holders. The articles cover: issues around state sovereignty and migrants as subjects of international law; the articulation of rights; different categories of migrants; issues around health and disability. The volume also features an extended article on the proposal for an International Migrants’ Bill of Rights (IMBR) put forward by an international consortium of academics and students. A related volume Refugees and Rights is also published as part of the series.

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.

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.

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.

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.

The International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights

Author: Ben Saul

Publisher: Oxford University Press

Published: 2014-03

Total Pages: 1358

ISBN-13: 0199640300

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"One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.

Forgotten Genocides
Forgotten Genocides

Author: Rene Lemarchand

Publisher: University of Pennsylvania Press

Published: 2011-06-01

Total Pages: 264

ISBN-13: 0812204387

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Unlike the Holocaust, Rwanda, Cambodia, or Armenia, scant attention has been paid to the human tragedies analyzed in this book. From German Southwest Africa (now Namibia), Burundi, and eastern Congo to Tasmania, Tibet, and Kurdistan, from the mass killings of the Roms by the Nazis to the extermination of the Assyrians in Ottoman Turkey, the mind reels when confronted with the inhuman acts that have been consigned to oblivion. Forgotten Genocides: Oblivion, Denial, and Memory gathers eight essays about genocidal conflicts that are unremembered and, as a consequence, understudied. The contributors, scholars in political science, anthropology, history, and other fields, seek to restore these mass killings to the place they deserve in the public consciousness. Remembrance of long forgotten crimes is not the volume's only purpose—equally significant are the rich quarry of empirical data offered in each chapter, the theoretical insights provided, and the comparative perspectives suggested for the analysis of genocidal phenomena. While each genocide is unique in its circumstances and motives, the essays in this volume explain that deliberate concealment and manipulation of the facts by the perpetrators are more often the rule than the exception, and that memory often tends to distort the past and blame the victims while exonerating the killers. Although the cases discussed here are but a sample of a litany going back to biblical times, Forgotten Genocides offers an important examination of the diversity of contexts out of which repeatedly emerge the same hideous realities.