Global Project Finance Human Rights And Sustainable Development
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| Author | : Sheldon Leader |
| Publisher | : Cambridge University Press |
| Total Pages | : 535 |
| Release | : 2011-08-18 |
| Genre | : Law |
| ISBN | : 1139504258 |
Many infrastructure projects around the world are funded through the project finance method, which combines private financing with public sector backing from multilateral finance institutions such as the World Bank. This examination of the theoretical and practical implications of such funding begins with a discussion of the relationship between the financial structuring of these projects and finance, policy and legal disciplines, especially in the form of investment law, human rights and environmental law. A number of case studies are then examined to provide practical insights into the application (or otherwise) of human rights and sustainable development objectives within such projects. While these theoretical perspectives do not conclude that the project finance method detracts from the application or implementation of human rights and sustainable development objectives, they do highlight the potential for the prioritisation of investment returns at the expense of human rights and environmental protection standards.
| Author | : Sheldon Leader |
| Publisher | : |
| Total Pages | : 536 |
| Release | : 2014-05-14 |
| Genre | : Human rights |
| ISBN | : 9781139144964 |
What are the implications of project finance for human rights and sustainable development?
| Author | : Juan Pablo Bohoslavsky |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 392 |
| Release | : 2014-12-01 |
| Genre | : Law |
| ISBN | : 1782253939 |
Poor public resource management and the global financial crisis curbing fundamental fiscal space, millions thrown into poverty, and authoritarian regimes running successful criminal campaigns with the help of financial assistance are all phenomena that raise fundamental questions around finance and human rights. They also highlight the urgent need for more systematic and robust legal and economic thinking about sovereign finance and human rights. This edited collection aims to contribute to filling this gap by introducing novel legal theories and analyses of the links between sovereign debt and human rights from a variety of perspectives. These chapters include studies of financial complicity, UN sanctions, ethics, transitional justice, criminal law, insolvency proceedings, millennium development goals, global financial architecture, corporations, extraterritoriality, state of necessity, sovereign wealth and hedge funds, project financing, state responsibility, international financial institutions, the right to development, UN initiatives, litigation, as well as case studies from Africa, Asia and Latin America. These chapters are then theorised by the editors in an introductory chapter. In July 2012 the UN Human Rights Council finally issued its own guidelines on foreign debt and human rights, yet much remains to be done to promote better understanding of the legal and economic implications of the interface between finance and human rights. This book will contribute to that understanding as well as help practitioners in their everyday work. The authors include world-renowned lawyers and economists, experienced practitioners and officials from international organisations.
| Author | : Shawkat Alam |
| Publisher | : Cambridge University Press |
| Total Pages | : 657 |
| Release | : 2015-09-17 |
| Genre | : Law |
| ISBN | : 1107055695 |
Situating the global poverty divide as an outgrowth of European imperialism, this book investigates current global divisions on environmental policy.
| Author | : Ting Xu |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 334 |
| Release | : 2016-03-24 |
| Genre | : Law |
| ISBN | : 1509901744 |
Property as a human rights concern is manifested through its incorporation in international instruments and as a subject of the law through property-related cases considered by international human rights organs. Yet, for the most part, the relationship between property and human rights has been discussed in rather superficial terms, lacking a clear substantive connection or common language. That said, the currents of globalisation have witnessed a new era of interrelation between these two areas of the law, including the emergence of international intellectual property law and the recognition of indigenous claims, which, in fundamental ways, speak to an engagement with human rights law. This collection starts the conversation between human rights lawyers and property lawyers and explores analytical approaches to the increasing relationship between property and human rights in a global context. The chapters engage with key theoretical and policy debates and range across three main themes: The re-evaluation of the public/private divide in the law; the tensions between the market and social justice in development and the balance between the rights of individuals and those of communities. The chapters adopt a global, comparative perspective and engage in case studies from countries including India, Philippines, Brazil, the United States, the United Kingdom and includes various regions of Africa and Europe.
| Author | : Terrence E. Paupp |
| Publisher | : Cambridge University Press |
| Total Pages | : 583 |
| Release | : 2014-01-20 |
| Genre | : Political Science |
| ISBN | : 1107783127 |
Human rights in peace and development are accepted throughout the Global South as established, normative, and beyond debate. Only in the powerful elite sectors of the Global North have these rights been resisted and refuted. The policies and interests of these global forces are antithetical to advancing human rights, ending global poverty, and respecting the sovereign integrity of States and governments throughout the Global South. The link between poverty, war, and environmental degradation has become evident over the last 60 years, further augmenting international consciousness of these issues as interconnected with the rest of the human rights corpus. This book examines the history of this struggle and outlines practical means to implement these rights through a global framework of constitutional protections. Within this emerging framework, it argues that States will be increasingly obligated to formulate policies and programs to achieve peace and development throughout the global society.
| Author | : Diane Desierto |
| Publisher | : OUP Oxford |
| Total Pages | : 449 |
| Release | : 2015-02-19 |
| Genre | : Law |
| ISBN | : 0191026476 |
States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.
| Author | : Dorothée Baumann-Pauly |
| Publisher | : Routledge |
| Total Pages | : 350 |
| Release | : 2016-04-28 |
| Genre | : Law |
| ISBN | : 131756393X |
In a global economy, multinational companies often operate in jurisdictions where governments are either unable or unwilling to uphold even the basic human rights of their citizens. The expectation that companies respect human rights in their own operations and in their business relationships is now a business reality that corporations need to respond to. Business and Human Rights: From Principles to Practice is the first comprehensive and interdisciplinary textbook that addresses these issues. It examines the regulatory framework that grounds the business and human rights debate and highlights the business and legal challenges faced by companies and stakeholders in improving respect for human rights, exploring such topics as: the regulatory framework that grounds the business and human rights debate, challenges faced by companies and stakeholders in improving human rights, industry-specific human rights standards, current mechanisms to hold corporations to account, future challenges for business and human rights. With supporting case studies throughout, this text provides an overview of current themes in the field and guidance on practical implementation, demonstrating that a thorough understanding of the human rights challenges faced by business is now vital in any business context.
| Author | : Stephan W. Schill |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 489 |
| Release | : 2015-12-18 |
| Genre | : Business & Economics |
| ISBN | : 1784711357 |
International investment law has often been seen as an obstacle to sustainable development. While the connections between investment and development are plain, for a long time there has been relatively little scholarship exploring them. Combining critical reflection and detailed analysis, this book addresses the relationship between contemporary investment law and development. The book is organized around two competing visions of investment and development - as working either harmoniously or in conflict with one another. The expert contributors reflect on both of these views and analyse the social dimensions of development and its impact on investment law. Coverage includes in-depth discussion on such issues as human rights, poverty reduction, labor standards, and indigenous peoples. Students and scholars of international investment law will benefit from the informed analysis of the links between investment and development. This book will also be of use to practitioners and experts of development law who are looking for an up-to-date perspective of the field.
| Author | : Olivier de Schutter |
| Publisher | : Routledge |
| Total Pages | : 359 |
| Release | : 2013 |
| Genre | : Business & Economics |
| ISBN | : 0415535484 |
The effect on developing countries of the arrival of foreign direct investment (FDI) has been a subject of controversy for decades in the development community. The debate over the relationship between FDI in developing countries and the progress of these countries towards human development is an ongoing and often heated one. Adopting an interdisciplinary perspective combining insights from international investment law, human rights law and economics, this book offers an original contribution to the debate. It explores how improvements ...
