The Right To Development And International Economic Law

Author : Isabella D Bunn
Publisher : Bloomsbury Publishing
Page : 368 pages
File Size : 41,6 Mb
Release : 2012-03-01
Category : Law
ISBN : 9781847319104

Get Book

The Right to Development and International Economic Law by Isabella D Bunn Pdf

The United Nations is commemorating the 25th anniversary of the 1986 Declaration on the Right to Development, which proclaimed the right to be: 'an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be realized'. The UN now aims to mainstream the right into its policies and operational activities, and is reviewing prospects for an internationally-binding legal instrument. The evolution of the right to development, however, has been dominated by debates about its conceptual validity and practical ramifications. It has been hailed as the cornerstone of the entire human rights system and criticized as a distracting ideological initiative. Questions also persist about the role of the right in reforming the international economic order. This book examines the legal and moral foundations of the right to development, addressing the major issues. It then considers the right to development in the global economy, noting the challenges of globalization and identifying key principles such as differential treatment of developing countries, participation and accountability. It relates the right to broad objectives such as the Millennium Development Goals, the human rights-based approach to development, and environmental sustainability. Implications for international economic law and policy in the areas of trade, development finance and corporate responsibility are assessed. The conclusion looks to the legal and ethical contributions - and limitations - of the right to development in this new context. With an academic and professional background in international law, human rights and moral theology, the author brings a unique interdisciplinary focus to this timely project.

Author : Isabella Bunn
Publisher : Unknown
Page : 368 pages
File Size : 43,7 Mb
Release : 2012
Category : Developing countries
ISBN : 1472565886

Get Book

The Right to Development and International Economic Law by Isabella Bunn Pdf

This book explores the debate about the usefulness of the 1986 UN declaration stating that the right to development is an inalienable human right.

Author : Julio Faundez,Celine Tan
Publisher : Edward Elgar Publishing
Page : 513 pages
File Size : 53,8 Mb
Release : 2010
Category : Law
ISBN : 9781849806671

Get Book

International Economic Law, Globalization and Developing Countries by Julio Faundez,Celine Tan Pdf

This book is both breathtaking in its scope and impressive in its attention to legal and institutional detail in situating developing countries in the evolving body of international economic law. Essays in this volume canvas most important areas of international economic law, including international trade law, international financial regulation, the regulation of foreign direct investment and multinational corporations, foreign aid, the enforcement of human rights standards and core international labour standards on multinational corporations, international enforcement of anti-corruption conventions, international competition law, international intellectual property rights, and international environmental law. A pervasive theme, compellingly developed, in most of these papers is the asymmetric structure of international institutions that generate rules in these various areas, in which developing countries are mostly rule takers, rather than equal participants. The current global financial crisis may provide a welcome opportunity for re-evaluating these institutional asymmetries. In any such re-evaluation, this book will provide a veritable cornucopia of constructive new insights.

Author : Ernst-Ulrich Petersmann
Publisher : Bloomsbury Publishing
Page : 574 pages
File Size : 46,7 Mb
Release : 2012-07-24
Category : Law
ISBN : 9781847319814

Get Book

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.

Author : Subrata Roy Chowdhury,Erik M. G. Denters,Paul J. I. M. de Waart
Publisher : Martinus Nijhoff Publishers
Page : 450 pages
File Size : 55,5 Mb
Release : 1992-04-09
Category : Political Science
ISBN : 0792316827

Get Book

The Right to Development in International Law by Subrata Roy Chowdhury,Erik M. G. Denters,Paul J. I. M. de Waart Pdf

2.3 BITs v CERDS.

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : Unknown
Page : 584 pages
File Size : 54,6 Mb
Release : 2013
Category : Political Science
ISBN : MINN:31951D03532960M

Get Book

Realizing the Right to Development by United Nations. Office of the High Commissioner for Human Rights Pdf

This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.

Author : Qerim Qerimi
Publisher : Martinus Nijhoff Publishers
Page : 310 pages
File Size : 47,5 Mb
Release : 2012-05-16
Category : Law
ISBN : 9789004229587

Get Book

Development in International Law by Qerim Qerimi Pdf

The dominant conceptions of development and the right thereto have been confined to narrow, sectoral interpretations focusing on economic matrices and collective entities such as the state or peoples. This book delimits these key notions of the public order of the 21st century in an entirely new fashion. Drawing on fundamental precepts of policy-oriented jurisprudence, this book offers a comprehensive and systematic study and redefinition of development and the right to development guided by the goal of maximum access by all to the processes of shaping and sharing of all things humans value, including, empirically, aspirations to power, wealth, well-being, affection, enlightenment, skills, respect, and rectitude. This new paradigm of development offers fertile ground for legal and policy responses designed to bring about a public order of human dignity in all parts of the planet. The book was awarded the Society of Policy Scientists 2012 Harold D. Lasswell Prize.

Author : F. V. García Amador
Publisher : Unknown
Page : 286 pages
File Size : 45,8 Mb
Release : 1990-01-01
Category : Commerce extérieur - Réglementation
ISBN : 0379202212

Get Book

The Emerging International Law of Development by F. V. García Amador Pdf

Author : Celine Tan,Julio Faundez
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 47,5 Mb
Release : 2017-08-25
Category : Electronic
ISBN : 9781783478385

Get Book

Natural Resources and Sustainable Development by Celine Tan,Julio Faundez Pdf

Examining the law, regulation and governance of natural resources, this timely work addresses the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, most notably human rights law and environmental law. Bringing together a collection of legal and policy expertise from a range of academic and practitioner perspectives, this book will appeal to scholars of law, political science, international relations, political economy and development studies.

Author : Valentina Vadi,Bruno de Witte
Publisher : Routledge
Page : 270 pages
File Size : 54,6 Mb
Release : 2015-02-11
Category : Law
ISBN : 9781317910763

Get Book

Culture and International Economic Law by Valentina Vadi,Bruno de Witte Pdf

Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Has an international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the ‘clash of cultures’ between international law and international cultural law, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture–related cases; the interplay between indigenous peoples' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law.

Author : John Linarelli
Publisher : Edward Elgar Publishing
Page : 366 pages
File Size : 44,7 Mb
Release : 2013-09-30
Category : Law
ISBN : 9781782549055

Get Book

Research Handbook on Global Justice and International Economic Law by John Linarelli Pdf

The fairness of institutions of global economic governance ranks among the most pressing issues of our time.

Author : Friedl Weiss,Erik Denters,Paul de Waart
Publisher : BRILL
Page : 606 pages
File Size : 49,8 Mb
Release : 2023-12-18
Category : Law
ISBN : 9789004637474

Get Book

International Economic Law with a Human Face by Friedl Weiss,Erik Denters,Paul de Waart Pdf

International Economic Law with a Human Face addresses a vital question in contemporary international economies: the design, structure and content of the legal and institutional framework within an increasingly globalized civil society and market economy. It is based on the belief that liberalized global markets cannot be expected to provide the public goods required to secure the acquis communautaire for human rights worldwide, let alone to extend those rights to peoples hitherto deprived of their benefits. Scholars from Europe, America, Asia and Australia examine a variety of aspects of relevant state practice in a fresh and stimulating manner. They combine `international social critique' of state practice with ideas for `social engineering', offering critical legal analysis and ideas about policy options for setting standards to induce legal change and development. International Economic Law with a Human Face is a `user-friendly' book. Twenty-seven chapters are sub-titled and arranged under three main headings: Towards a new human and economic order (chapters 1-8); Trade, environmental protection and resource management (chapters 9-18); and Investment and finance (chapters 19-27). It also contains a detailed Table of Contents and an Index.

Author : Freya Baetens,José Caiado
Publisher : Martinus Nijhoff Publishers
Page : 279 pages
File Size : 53,7 Mb
Release : 2014-03-13
Category : Business & Economics
ISBN : 9789004270190

Get Book

Frontiers of International Economic Law by Freya Baetens,José Caiado Pdf

Frontiers of International Economic Law: Legal Tools to Confront Interdisciplinary Challenges offers innovative interdisciplinary solutions to global challenges along four themes: facing economic crises and uncertainties, confronting environmental challenges, considering human rights and development objectives, and finally, regulating energy transit and new technologies.

Author : Jerzy Makarczyk
Publisher : Martinus Nijhoff Publishers
Page : 376 pages
File Size : 42,5 Mb
Release : 1988-08-03
Category : Political Science
ISBN : 902473746X

Get Book

Principles of a New International Economic Order by Jerzy Makarczyk Pdf

Contents.

Author : Balakrishnan Rajagopal
Publisher : Cambridge University Press
Page : 363 pages
File Size : 50,8 Mb
Release : 2003-11-06
Category : Political Science
ISBN : 9781139438230

Get Book

International Law from Below by Balakrishnan Rajagopal Pdf

The emergence of transnational social movements as major actors in international politics - as witnessed in Seattle in 1999 and elsewhere - has sent shockwaves through the international system. Many questions have arisen about the legitimacy, coherence and efficiency of the international order in the light of the challenges posed by social movements. This book offers a fundamental critique of twentieth-century international law from the perspective of Third World social movements. It examines in detail the growth of two key components of modern international law - international institutions and human rights - in the context of changing historical patterns of Third World resistance. Using a historical and interdisciplinary approach, Rajagopal presents compelling evidence challenging debates on the evolution of norms and institutions, the meaning and nature of the Third World as well as the political economy of its involvement in the international system.