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.
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.
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.
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.
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.
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.
Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.
Cybersecurity and Human Rights in the Age of Cyberveillance isa collection of articles by distinguished authors from the US and Europe and presents a contemporary perspectives on the limits online of human rights. By considering the latest political events and case law, including the NSA PRISM surveillance program controversy, the planned EU data protection amendments, and the latest European Court of Human Rights jurisprudence, it provides an analysis of the ongoing legal discourse on global cyberveillance. Using examples from contemporary state practice, including content filtering and Internet shutdowns during the Arab Spring as well as the PRISM controversy, the authors identify limits of state and third party interference with individual human rights of Internet users. Analysis is based on existing human rights standards, as enshrined within international law including the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, European Convention on Human Rights and recommendations from the Human Rights Council. The definition of human rights, perceived as freedoms and liberties guaranteed to every human being by international legal consensus will be presented based on the rich body on international law. The book is designed to serve as a reference source for early 21st century information policies and on the future of Internet governance and will be useful to scholars in the information studies fields, including computer, information and library science. It is also aimed at scholars in the fields of international law, international relations, diplomacy studies and political science.
