This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs).
It is broadly accepted that an independent and empowered judiciary is central to the rule of law. This dissertation examines the construction of judicial power in emerging democracies through addressing the paradoxical presence of strong judicial power in weak and volatile democracies. I argue that we must unpack our assumptions about democracy and move beyond regime based theories of judicial behavior. I find that existing strategic decision-making theories do not adequately account for the emergence of judicial power in sub-Saharan Africa. Instead this study finds that variation in level of judicial institutionalization or viability accounts for the presence of strong judicial power in weak democracies. A judiciary with a high level of institutional viability is able to withstand the frequent exogenous shocks typically present in sub-Saharan Africa's neopatrimonial regimes.
Commissioned by the International Ombudsman Institute (IOI), the Ludwig Boltzmann Institute of Human Rights (BIM) in Vienna conducted a comparative analytical study on Ombudsman Institutions in the Australasia and Pacific region between January 2011 and April 2012. In Part 1, this book provides an analytical comparison of the public sector Ombudsman Institutions in Australia (the Commonwealth Ombudsman and the state/territory Ombudsmen of all Australian states as well as of the Northern Territory and the ACT), the Cook Islands, Hong Kong, New Zealand, Papua New Guinea, Samoa, Taiwan, Tonga and Vanuatu. In addition to a comparative analysis showing the partial heterogeneity of the Institutions, a comprehensive overview of common features, and explorations of the specifics and peculiarities of the Institutions, Part 2 presents separate reports on the 16 different jurisdictions featuring their main functions as follows: - Legal basis, legal status and organisation, - Mandate, object of control and standard of control, - Powers, including legal quality and impact of the outcomes of investigative procedures, - Relationship to the administration, the judiciary and the legislator, and - Special characteristics. Part 2 is based on information provided by the Institutions themselves in questionnaires sent out at the outset of the study, an analysis of the respective establishing acts and other relevant laws, and on relevant scientific publications and the Institutions’ Annual Reports. The reports also refer to relevant legal provisions and include websites addresses for ease of reference.
The international community has made great progress in improving global health. But staggering health inequalities between rich and poor still remain, raising fundamental questions of social justice. In a book that systematically defines the burgeoning field of global health law, Lawrence Gostin drives home the need for effective global governance for health and offers a blueprint for reform, based on the principle that the opportunity to live a healthy life is a basic human right. Gostin shows how critical it is for institutions and international agreements to focus not only on illness but also on the essential conditions that enable people to stay healthy throughout their lifespan: nutrition, clean water, mosquito control, and tobacco reduction. Policies that shape agriculture, trade, and the environment have long-term impacts on health, and Gostin proposes major reforms of global health institutions and governments to ensure better coordination, more transparency, and accountability. He illustrates the power of global health law with case studies on AIDS, influenza, tobacco, and health worker migration. Today's pressing health needs worldwide are a problem not only for the medical profession but also for all concerned citizens. Designed with the beginning student, advanced researcher, and informed public in mind, Global Health Law will be a foundational resource for teaching, advocacy, and public discourse in global health.
This report offers recommendations on how major actors such as governments, public development institutions, the private sector and civil society organizations can modify their actions and approaches to enhance the ability of the private sector to advance the development process. It highlights the importance of developing businesses as a means to reducing global poverty.