David Kinley

Compliance Without Incorporation

The European Convention on Human Rights

Morten B. Pedersen

What is the best way to promote human rights in grossly repressive states when neither sanctions nor trade and investment have much effect? This book examines the concept of Principled Engagement as an often overlooked alternative strategy for alleviating human rights violations and improving the framework of human rights protection. Beginning with an explanation of the concept and a comparison with the alternatives of Ostracism and Business as Usual, the book argues that Principled Engagement deserves greater attention and explains how it works and what factors contribute to its success or failure. Case studies provide a rare scholarly inquiry into the effectiveness of the basic underlying ideas and analyse and assess specific cases, including from China, Burma, Zimbabwe and Liberia. Written by leading academics and practitioners, the book takes a general, comparative approach to human rights policy that teases out broad lessons about what works. Ultimately, this is a study that challenges scholars and practitioners alike to take a fresh look at how human rights are promoted internationally.

Negotiating Human Rights in Repressive States

Principled Engagement

Money; a Study of the Theory of the Medium of Exchange

Ben Saul

Jaqueline Mowbray

Economic, social and cultural rights are finally coming of age. This book brings together all essential documents, materials, and case law relating to the International Covenant on Economic, Social and Cultural Rights (ICESCR) - one of the most important human rights instruments in international law - and its Optional Protocol. This book presents extracts from primary materials alongside critical commentary and analysis, placing the documents in their wider context and situating economic, social, and cultural rights within the broader human rights framework. There is increasing interest internationally, regionally, and in domestic legal systems in the protection of economic, social, and cultural rights. The Optional Protocol of 2008 allows for individual communications to be made to the UN Committee on Economic, Social and Cultural Rights after its entry into force in 2013. At the regional level, socio-economic rights are well embedded in human rights systems in Europe, Africa and the Americas. At the national level, constitutions and courts have increasingly regarded socio-economic rights as justiciable, narrowing the traditional divide with civil and political rights. This book contextualises these developments in the context of the ICESCR. It provides detailed analysis of the ICESCR structured around its articles, drawing on national as well as international case law and materials, and containing all of the key primary materials in its extensive appendices. This book is indispensible for the judiciary, human rights practitioners, government legal advisers and agencies, national human rights institutions, international organisations, regional human rights bodies, NGOs and human rights activists, academics, and students alike.

Commentary, Cases, and Materials

The International Covenant on Economic, Social and Cultural Rights

Wojciech Sadurski

Kevin Walton

Encouraging new thinking about conventional understandings of human rights, this book will strongly appeal to international lawyers, legal and political philosophers, as well as graduate students and upper-level undergraduate students in law and philos

Old Problems, New Possibilities

Human Rights

Economic, social and cultural rights are finally coming of age. This book brings together all essential documents, materials, and case law relating to the International Covenant on Economic, Social and Cultural Rights (ICESCR) - one of the most important human rights instruments in international law - and its Optional Protocol. This book presents extracts from primary materials alongside critical commentary and analysis, placing the documents in their wider context and situating economic, social, and cultural rights within the broader human rights framework.There is increasing interest internationally, regionally, and in domestic legal systems in the protection of economic, social, and cultural rights. The Optional Protocol of 2008 allows for individual communications to be made to the UN Committee on Economic, Social and Cultural Rights after its entry into force in 2013. At the regional level, socio-economic rights are well embedded in human rights systems in Europe, Africa and the Americas. At the national level, constitutions and courts have increasingly regarded socio-economic rights as justiciable, narrowing the traditional divide with civil and political rights. This book contextualises these developments in the context of the ICESCR. It provides detailed analysis of the ICESCR structured around its articles, drawing on national as well as international case law and materials, and containing all of the key primary materials in its extensive appendices. This book is indispensible for the judiciary, human rights practitioners, government legal advisers and agencies, national human rights institutions, international organisations, regional human rights bodies, NGOs and human rights activists, academics, and students alike.

Cases, Materials, and Commentary

The erstwhile unlikely coupling of human rights and corporations is now a typical feature of corporate/community relations. High-profile corporate infringements of human rights, the rise and rise of corporate social responsibility (CSR) and on-going efforts to regulate corporate behaviour through legal regimes, at both domestic and international levels, have spawned a mountain of academic literature and commentary. This volume assembles the leading essays from this body of work. Together they frame the relationship between human rights and corporations by charting its history and salient features; tackle the conceptual perspectives of the relationship and detail the practice, problems and potential of the relationship.

Human Rights and Corporations

Walden F. Bello

Elaine Elinson

Development Debacle, the World Bank in the Philippines

Finance governs almost every aspect of modern life. Every day, we use the financial system to mortgage our homes, to insure our health, to invest in our futures through education and pension funds, to feed and clothe ourselves, to be paid for our labor, and to help others in need. As the fuel of capitalism, finance has been a major force for human progress for centuries. Yet it has periodically generated disasters too, from the Great Depression to the recent sub-prime mortgage crisis. In writing Necessary Evil, eminent human rights law scholar David Kinley spent ten years immersed in researching finance's many facets--from how it is raised and what it is spent on, to when it is gambled and who wins and who loses--to produce this unique account of how finance works from a human rights perspective. He argues that while finance has historically facilitated many beneficial trends in human well-being, a sea change has occurred in the past quarter century. Since the end of the Cold War, the finance sector's power has grown by leaps and bounds, to the point where it is now out of control. Oversight of the sector has been weakened by deregulation, as powerful lobbyists have persuaded our leaders that what is good for finance is good for the economy as a whole. Kinley shows how finance has become society's master rather than its servant, and how, as a consequence, human rights concerns are so often ignored, sidelined, or crushed. Using episodes of financial malfeasance from around the globe--from the world's banking capitals to the mines of central Africa and the factories of East Asia--Kinley illustrates how the tools of international finance time and time again fail to advance the human condition. Kinley also suggests financial policies that can help protect and promote human rights and thereby regain the public trust and credibility it has so spectacularly lost over the past decade. An authoritative account of the extraordinary social consequences of the financial system at the heart of the world's economy, Necessary Evil will be an essential tool for anyone committed to making global capitalism a fairer and more effective vehicle for improving the lives of many, and not just providing for the comfort of a few.

David Kinley

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