Economic Liberties And Human Rights

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Economic Liberties and Human Rights

Jahel Queralt,Bas van der Vossen
Economic Liberties and Human Rights Book PDF

Author : Jahel Queralt,Bas van der Vossen
Publisher : Routledge
Page : 310 pages
File Size : 43,7 Mb
Release : 2019-05-14
Category : Business & Economics
ISBN : 9781351329590

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Economic Liberties and Human Rights by Jahel Queralt,Bas van der Vossen Pdf

The status of economic liberties remains a serious lacuna in the theory and practice of human rights. Should a minimally just society protect the freedoms to sell, save, profit and invest? Is being prohibited to run a business a human rights violation? While these liberties enjoy virtually no support from the existing philosophical theories of human rights and little protection by the international human rights law, they are of tremendous importance in the lives of individuals, and particularly the poor. Like most individual liberties, economic liberties increase our ability to lead our own life. When we enjoy them, we can choose the occupational paths that best fit us and, in so doing, define who they are in relation to others. Furthermore, in the absence of good jobs, economic liberties allow us to create an alternative path to subsistence. This is critical for the millions of working poor in developing countries who earn their livelihoods by engaging in independent economic activities. Insecure economic liberties leave them vulnerable to harassment, bribery and other forms of abuse from middlemen and public officials. This book opens a debate about the moral and legal status of economic liberties as human rights. It brings together political and legal theorists working in the domain of human rights and global justice, as well as people engaged in the practice of human rights, to engage in both foundational and applied issues concerning these questions.

Rethinking Economic Policy for Social Justice

Radhika Balakrishnan,James Heintz,Diane Elson
Rethinking Economic Policy for Social Justice Book PDF

Author : Radhika Balakrishnan,James Heintz,Diane Elson
Publisher : Routledge
Page : 146 pages
File Size : 42,8 Mb
Release : 2016-03-31
Category : Business & Economics
ISBN : 9781317572114

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Rethinking Economic Policy for Social Justice by Radhika Balakrishnan,James Heintz,Diane Elson Pdf

The dominant approach to economic policy has so far failed to adequately address the pressing challenges the world faces today: extreme poverty, widespread joblessness and precarious employment, burgeoning inequality, and large-scale environmental threats. This message was brought home forcibly by the 2008 global economic crisis. Rethinking Economic Policy for Social Justice shows how human rights have the potential to transform economic thinking and policy-making with far-reaching consequences for social justice. The authors make the case for a new normative and analytical framework, based on a broader range of objectives which have the potential to increase the substantive freedoms and choices people enjoy in the course of their lives and not on not upon narrow goals such as the growth of gross domestic product. The book covers a range of issues including inequality, fiscal and monetary policy, international development assistance, financial markets, globalization, and economic instability. This new approach allows for a complex interaction between individual rights, collective rights and collective action, as well as encompassing a legal framework which offers formal mechanisms through which unjust policy can be protested. This highly original and accessible book will be essential reading for human rights advocates, economists, policy-makers and those working on questions of social justice.

The Power of Freedom

Jean-Pierre Chauffour
The Power of Freedom Book PDF

Author : Jean-Pierre Chauffour
Publisher : Cato Institute
Page : 219 pages
File Size : 50,7 Mb
Release : 2009-02-01
Category : Political Science
ISBN : 9781933995991

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The Power of Freedom by Jean-Pierre Chauffour Pdf

Are the quests for human rights and economic development compatible? In this thought-provoking book, Jean-Pierre Chauffour argues that the answer depends on the place given to freedom in both human rights and development. When freedom advances, prosperity and human rights progress. When freedom is threatened—especially economic and civil liberties—fundamental human rights are violated and economic development suffers. Yet although the connection between rights and development has long been recognized, practice has not followed principle. Human rights advocates and economic development experts rarely engage each other and often work at cross purposes. Moreover, the proposition that freedom plays a central role in both agendas challenges a number of human rights and development orthodoxies as well as practices developed over the last 60 years. A reconciliation of the human rights and development communities is possible. It requires highlighting the role that freedom plays in both. Rights advocates must recognize economic liberty as an essential component of human rights, and development experts must recognize the broad range of institutions and economic policies consistent with human rights. With his engaging style, Chauffour makes clear that empowering people with economic freedom, civil rights, and political liberties is the best way to ensure development and respect for the individual. This book provides major lessons to meet the challenges of securing freedom, peace, and prosperity.

Socio-Economic Human Rights in Essential Public Services Provision

Marlies Hesselman,Antenor Hallo de Wolf,Brigit Toebes
Socio Economic Human Rights in Essential Public Services Provision Book PDF

Author : Marlies Hesselman,Antenor Hallo de Wolf,Brigit Toebes
Publisher : Taylor & Francis
Page : 334 pages
File Size : 43,5 Mb
Release : 2016-11-10
Category : Law
ISBN : 9781317209898

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Socio-Economic Human Rights in Essential Public Services Provision by Marlies Hesselman,Antenor Hallo de Wolf,Brigit Toebes Pdf

There is a clear overlap between securing socio-economic human rights for all persons and arranging adequate access to essential public services across society. Both are necessary to realise thriving, inclusive societies, with adequate living standards for all, based on human dignity. This edited volume brings together the two topics for the first time. In particular, it identifies the common challenges for essential public services provision and socio-economic human rights realisation, and it explores how socio-economic rights law can be harnessed to reinforce better access to services. An important aim of this book is to understand how international socio-economic human rights law and guideposts can be used and strengthened to improve access to services, and assess socio-economic legal and policy decisions. The volume includes contributions from different continents, on a range of different services, and engages with the realities of different regulatory settings. After an introduction that sets out the most important challenges for universal access to services – including sufficient resources mobilisation, private actor involvement and regulation, or the need for improved checks and balances – the book goes on to discuss current issues in services provision and socio-economic rights, as well as explores the place and role of private business actors in the provision of services. In particular, it assesses how the responsibility and accountability of such actors for human rights can be improved . The final part of the book narrows in on the under-explored human rights concepts of ‘participation’ and ‘accountability’, as essential prerequisites for better ‘checks and balances’. Overall, this volume presents a unique and powerful illustration of how socio-economic human rights law supports improved access to essential public services for all.

The Economics of Human Rights

Elizabeth M. Wheaton
The Economics of Human Rights Book PDF

Author : Elizabeth M. Wheaton
Publisher : Routledge
Page : 288 pages
File Size : 42,8 Mb
Release : 2018-09-21
Category : Business & Economics
ISBN : 9781351012980

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The Economics of Human Rights by Elizabeth M. Wheaton Pdf

Economics plays a key role in human rights issues as decision-makers weigh the incentives associated with choosing how to use scarce resources in the context of committing or escaping human rights violence. This textbook provides an introduction to the microeconomic analysis of human rights utilizing economics as a lens through which to examine social topics including capital punishment, violence against women, asylum seeking, terrorism, child abuse, genocide, and hate. Whether analyzing the decisions made in capital punishment cases, the causes and consequences of genocide, or the impact of terrorist acts on domestic and international decision-making, the science of economics provides tools and a systematic method of analysis and policy recommendation. This key text presents a method for integrating the social sciences of economics and human rights to create new opportunities for the investigation of social issues. Within each chapter, readers gain a fundamental understanding of a specific human rights issue, the decision-makers and the decision-making process involved, and the benefits and costs leading to the decisions. Experts on each issue, drawn from a variety of fields, contribute to each chapter and present first-hand accounts and different perspectives on each issue. The detailed analyses and accounts provided also explore the potential incentives involved in the prevention and termination of human rights violations. Aiming to further economic inquiry and enhance interdisciplinary research, this textbook serves as a multi-purpose guide for a range of readers. Students, researchers, and educators, as well as those working in organizations supporting victims of human rights violations and policy-makers facing human rights challenges, will find this book informative and engaging.

The Human Right to Water and International Economic Law

Roberta Greco
The Human Right to Water and International Economic Law Book PDF

Author : Roberta Greco
Publisher : Routledge
Page : 331 pages
File Size : 49,9 Mb
Release : 2022-05-05
Category : Business & Economics
ISBN : 9781000217469

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The Human Right to Water and International Economic Law by Roberta Greco Pdf

This book discusses the international right to water and the liberalization of water services. It is concerned with the harmonization of the right to water with the legal systems under which liberalization of water services has taken or may take place. It assesses paths of harmonization between international human rights law and international economic law in this specific field. The issue of the compatibility between the fulfilment of the right to water and the liberalization of water services has been at the heart of a passionate public debate between opponents and advocates of the privatization of the utility. The book provides an unbiased analysis of different international legal regimes under which the liberalization of water services has occurred or is likely to occur, notably international investment law, international trade law and European Union law, in order to assess whether the main features of the right to water can be guaranteed under each of these systems of law and whether there is space for prospective harmonization. The work will be an invaluable resource for academics, researchers and policy-makers working in the areas of International Human Rights Law, International Economic Law, International Water Law, International Trade Law and EU Law.

International Economic Law in the 21st Century

Ernst-Ulrich Petersmann
International Economic Law in the 21st Century Book PDF

Author : Ernst-Ulrich Petersmann
Publisher : Bloomsbury Publishing
Page : 574 pages
File Size : 52,9 Mb
Release : 2012-07-24
Category : Law
ISBN : 9781847319814

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International Economic Law in the 21st Century by Ernst-Ulrich Petersmann Pdf

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.

International Human Rights Law and Destitution

Luke D. Graham
International Human Rights Law and Destitution Book PDF

Author : Luke D. Graham
Publisher : Taylor & Francis
Page : 118 pages
File Size : 48,7 Mb
Release : 2022-08-18
Category : Law
ISBN : 9781000632545

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International Human Rights Law and Destitution by Luke D. Graham Pdf

This book explores destitution from the perspective of international human rights law and, more specifically, economic, social, and cultural rights. The experience of destitution correlates to the non-realisation of a range of economic, social, and cultural rights. However, destitution has not been defined from this perspective. Consequently, the nexus between destitution and the denial of economic, social, and cultural rights remains unrecognised within academia and policy and practice. This book expressly addresses this issue and in so doing renders the nexus between destitution and the non-realisation of these rights visible. The book proposes a new human rights-based definition of destitution, composed of two parts. The rights which must be realised (the component rights) and the level of realisation of these rights which must be met (the destitution threshold) to avoid destitution. This human rights-based understanding of destitution is then applied to a UK case study to highlight the relationship between government policy and destitution, to illustrate how destitution manifests itself, and to make recommendations – founded upon engendering the realisation of economic, social, and cultural rights – aimed towards addressing destitution. This book will have global and cross-sectoral appeal to anti-poverty advocates, policy makers, as well as to researchers, academics and students in the fields of human rights law, poverty studies, and social policy.

International Economic Actors and Human Rights

Adam McBeth
International Economic Actors and Human Rights Book PDF

Author : Adam McBeth
Publisher : Routledge
Page : 384 pages
File Size : 55,8 Mb
Release : 2009-09-28
Category : Business & Economics
ISBN : 9781135245238

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International Economic Actors and Human Rights by Adam McBeth Pdf

In noting that the actions of entities other than states in the economic arena can and often do have a profound effect on human rights, this book poses the question as to how international human rights law can and should address that situation. This book takes three very different categories of international actor – the World Trade Organization, the international financial institutions (World Bank and IMF) and multinational enterprises – and analyses the interaction of each category with human rights, in each case analysing the interaction of the different fields of law and seeking to identify a role for international human rights law. Adam McBeth concludes that each of the selected international economic actors can and should be considered to operate within a holistic system of international law, including human rights obligations, but that changes in the operations and the accountability mechanisms for each actor are necessary for the practical implementation of that approach. While written from a human rights perspective, the underlying theme of the book is one of engagement and harmonisation rather than condemnation. It provides valuable insight for those who approach this topic from a background of international trade law, commercial law or general international law, just as much as those who have a human rights background. International Economic Actors and Human Rights will be of great interest to those studying or working in any field of international economic law, as well as human rights scholars and practitioners.

Human Rights in the Market Place

Uta Kohl,Dr Naomi Salmon,Professor Christopher Harding
Human Rights in the Market Place Book PDF

Author : Uta Kohl,Dr Naomi Salmon,Professor Christopher Harding
Publisher : Ashgate Publishing, Ltd.
Page : 346 pages
File Size : 40,5 Mb
Release : 2013-02-28
Category : Law
ISBN : 9781409496250

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Human Rights in the Market Place by Uta Kohl,Dr Naomi Salmon,Professor Christopher Harding Pdf

The ideology of human rights protection has gained considerable momentum during the second half of the twentieth century at both national and international level and appears to be an effective lever for bringing about legal change. This book analyzes this strategy in economic and commercial policy and considers the transportation of the 'public law' discourse of basic human rights protection into the 'commercial law' context of economic policy, business activity and corporate behaviour. The volume will prove indispensable for anyone interested in human rights, international law, and business and commercial law.

Human Rights and Economic Policy Reform

Aoife Nolan,Juan Pablo Bohoslavsky
Human Rights and Economic Policy Reform Book PDF

Author : Aoife Nolan,Juan Pablo Bohoslavsky
Publisher : Routledge
Page : 211 pages
File Size : 47,8 Mb
Release : 2021-09-22
Category : Political Science
ISBN : 9781000454062

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Human Rights and Economic Policy Reform by Aoife Nolan,Juan Pablo Bohoslavsky Pdf

This book deals with the complex and challenging relationship between economic policy and human rights. In the context of the COVID-19 pandemic crisis, the need to address the conceptual and methodological (dis)connects between these two areas is more pressing than ever. Inspired by the 2019 United Nations Guiding Principles on Human Rights Impact Assessments (HRIA) for Economic Reform Policies, this book brings together experts working on human rights and economic policy from a range of disciplinary perspectives, including economics, law, and development studies. The contributions reflect a huge body of professional experience in the academic, policy-making, advocacy, and practitioner fields. They cover issues including the politics of evidence in the context of HRIA, economic inequality, child rights impact assessment of economic reforms, economic policy and women’s human rights, tax regimes for multinational corporations and human rights, as well as the human rights impacts of the economic fall-out of the COVID-19 pandemic. The collection also includes the text of the Guiding Principles themselves. It constitutes a crucial volume for scholars, policymakers, advocates and others working on the burning topic of human rights and economic policy reform. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.

The Power of Freedom

Jean-Pierre Chauffour
The Power of Freedom Book PDF

Author : Jean-Pierre Chauffour
Publisher : Cato Institute
Page : 218 pages
File Size : 41,8 Mb
Release : 2009
Category : Business & Economics
ISBN : 9781933995243

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The Power of Freedom by Jean-Pierre Chauffour Pdf

In this thought-provoking book, Jean-Pierre Chauffour argues that freedom in all its economic, civil, and political dimensions is the only internally consistent and mutually supportive way of thinking about development and human rights.

Vindicating Socio-Economic Rights

Paul O'Connell
Vindicating Socio Economic Rights Book PDF

Author : Paul O'Connell
Publisher : Routledge
Page : 291 pages
File Size : 44,5 Mb
Release : 2012-02-21
Category : Law
ISBN : 9781136457531

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Vindicating Socio-Economic Rights by Paul O'Connell Pdf

Notwithstanding the widespread and persistent affirmation of the indivisibility and equal worth of all human rights, socio-economic rights continue to be treated as the "Cinderella" of the human rights corpus. At a domestic level this has resulted in little appetite for the explicit recognition and judicial enforcement of such rights in constitutional democracies. The primary reason for this is the prevalent apprehension that the judicial enforcement of socio-economic rights is fundamentally at variance with the doctrine of the separation of powers. This study, drawing on comparative experiences in a number of jurisdictions which have addressed (in some cases more explicitly than others) the issue of socio-economic rights, seeks to counter this argument by showing that courts can play a substantial role in the vindication of socio-economic rights, while still respecting the relative institutional prerogatives of the elected branches of government. Drawing lessons from experiences in South Africa, India, Canada and Ireland, this study seeks to articulate a "model adjudicative framework" for the protection of socio-economic rights. In this context the overarching concern is to find some role for the courts in vindicating socio-economic rights, while also recognising the importance of the separation of powers and the primary role that the elected branches of government must play in protecting and vindicating such rights. The text incorporates discussion of the likely impact and significance of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, and looks at the implications of the Mazibuko decision for the development of South Africa’s socio-economic rights jurisprudence.

Asia Pacific and Human Rights

Paul Close,David Askew
Asia Pacific and Human Rights Book PDF

Author : Paul Close,David Askew
Publisher : Routledge
Page : 372 pages
File Size : 43,6 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351956833

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Asia Pacific and Human Rights by Paul Close,David Askew Pdf

Human rights are acquiring an increasingly prominent role on the world stage. Interest in, concern about and action on human rights are widespread and rising, albeit in a far from globally even, uniform and untroubled fashion. Human rights have generated a booming global industry while having become, not unconnectedly, highly controversial and deeply contested. Human rights matters have emerged as a major source of disagreement, dispute and discord at and between the local, regional and global levels of social, cultural, political and economic life. These developments are addressed in the book by an examination of the links between the evolving global human rights regime (GHRR) and the character and course of human rights in the world's most dynamic, complex and problematic region, that of the Asia Pacific. The authors argue that although the Asia Pacific and human rights nexus is influenced by cultural clashes, it is largely shaped by power distributions and struggles rooted in the global political economy (GPE). The prevailing GHRR reflects the way in which globalization processes have been Western led, but its future is far from certain given the current shift in the balance of GPE power towards the Asia Pacific, and especially East Asia.

Human Rights and Civil Liberties in the 21st Century

Yves Haeck,Eva Brems
Human Rights and Civil Liberties in the 21st Century Book PDF

Author : Yves Haeck,Eva Brems
Publisher : Springer Science & Business Media
Page : 267 pages
File Size : 40,9 Mb
Release : 2013-11-19
Category : Law
ISBN : 9789400775992

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Human Rights and Civil Liberties in the 21st Century by Yves Haeck,Eva Brems Pdf

This volume contributes to the on-going legal discussion on pressing procedural and substantial law issues in the ambit of international human rights and civil liberties. While the 20th century has seen the true awakening of human rights, the 21st century poses new challenges to this ever-unfolding area of law. Not only do international tribunals and quasi-tribunals worldwide and domestic US and European continental courts have to deal with increasing numbers of complaints and petitions from individuals and groups on a vast array of societal problems, the legal issues put to them are sometimes extremely difficult to resolve as they relate to very sensitive issues. This book examines issues ranging from the status of human rights under US law to the status of the ECHR in the broader context of international law. It looks at the role of positive obligations in the case law of the Strasbourg Court, as well the impact of its case-law on childbirth and push-back operation towards boat people, but also at the growing unwillingness of ECHR member states to cooperate with the Strasbourg Court. It explores the new frontiers in US Capital punishment litigation, the first case before the International Criminal Court and the legal effect of judgments of the European Court on third states.​