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Human Rights and Development in International Law

Author : Tahmina Karimova
Publisher : Routledge
Page : 358 pages
File Size : 28,20 MB
Release : 2016-04-28
Category : Law
ISBN : 1317351657

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This book addresses the legal issues raised by the interaction between human rights and development in contemporary international law. In particular, it charts the parameters of international law that states have to take into account in order to protect human rights in the process of development. In doing so, it departs from traditional analyses, where human rights are mainly considered as a political dimension of development. Rather, the book suggests focusing on human rights as a system of international norms establishing minimum standards of protection of individuals and minimum standards applicable in all circumstances on what is essential for a dignified existence. The various dimensions covered in the book include: the discourse on human rights and development interrelationship, particularly opinio juris and the practice of states on the question; the notion of international assistance and cooperation in human rights law, under legal regimes such as international humanitarian law, and emerging rules in the area of protection of persons in the event of disasters; the extraterritorial scope of economic, social and cultural rights treaties; and legal principles on the respect for human rights in externally designed and planned development activities. Analysis of these topics sheds light on the question of whether international law as it stands today addresses most of the issues concerning the protection of human rights in the development process.

Global Responsibility for Human Rights

Author : Margot E. Salomon
Publisher : Oxford University Press, USA
Page : 296 pages
File Size : 50,73 MB
Release : 2007
Category : Law
ISBN :

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This text considers the issues of world poverty and global justice, addressing the ability of people in poor or developing countries to have enough food, or clean water, or access to basic healthcare. It draws on international law aimed at the protection and promotion of human rights.

The Right to Development in International Law

Author : Subrata Roy Chowdhury
Publisher : BRILL
Page : 441 pages
File Size : 27,65 MB
Release : 2023-11-27
Category : Law
ISBN : 9004637680

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The chapters in this volume are based on the papers that were presented at the Calcutta seminar organized in March 1992 by the ILA Committee on Lehal Aspects of a New International Economic Order (NIEO). The conference focused on the right to development, in particular its ideas and ideology, human rights aspects and implementation in specific areas of international law. The volume is accordingly organized in three parts. The chapters cover a vast area of subjects, derived from the UN Declaration of the Right to Development. From the developed and underdeveloped world 33 authors discuss topics including: contents, scope and implementation of the right to development; human rights of individuals and peoples; co-operation between the European Community and the Lomé IV states; current developments in investments treaties; refugee protection; development and democracy; concept of sustainable development; environmental issues; protection of intellectual property; transfer of technology; human rights in international financial institutions; and the legal conceptualization of the debt crisis. Professor Oscar Schachter observes in the first chapter that the Declaration continues to be a `challenging subject for legal commentary' for its `detable legal status, its combination of collective and individual rights, its expansive conception of development and its equivocal obligation'. Apart from support, doubts about the concept to the right to development may also be found in this volume.

The Development in International Law of Articles 23 and 24 of the Universal Declaration of Human Rights: The Labor Rights Articles

Author : Lee Swepston
Publisher : Martinus Nijhoff Publishers
Page : 157 pages
File Size : 43,50 MB
Release : 2014-07-07
Category : Law
ISBN : 9004244557

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The human rights enunciated in Articles 23 and 24 of the UDHR concern aspects of rights related to work. This part of international human rights law is often neglected in human rights textbooks and teaching, and indeed is often omitted from the work done by national human rights institutes and by NGOs concerned with human rights, as though it were a separate discipline that did not fall properly into the human rights field. This volume addresses this commonly held, but erroneous, misconception. There are aspects of labor-related rights in all the major human rights instruments and systems. While the International Labor Organization (ILO) is the primary body in this field, labor-related rights are also dealt with by the United Nations, the major regional organizations (such as the OAS and the EU), and the development banks (the World Bank and its regional counterparts). There are also provisions on labor rights in all the major international instruments, or they have been read to cover labor-related questions. This volume, which reviews the development and implementation of Articles 23 and 24 of the UDHR, will spend most attention on the ILO, which is the premiere organization in this field, both chronologically and substantively. However, since a thorough and complete picture of human rights cannot be drawn without considering labor-related rights as an aspect of the broader human rights canon, the rest of the international system will also be brought in. This book is the fifth volume in The Universal Declaration of Human Rights Series. The Series will consist of approximately 20 volumes, each dealing with a substantive right (or group of rights) set forth in the Universal Declaration of Human Rights (UDHR). Each volume is authored by an expert in human rights generally and in the particular subject addressed. Without losing sight of the political context in which the implementation of human rights must occur, each book provides a comprehensive, legally-oriented analysis of the rights concerned, including an examination of the legislative history of the text of each right as adopted in 1948, the right's subsequent articulation and interpretation by international bodies and in subsequent international instruments, and a survey of state practice in defining and enforcing the right.

The Development of Disability Rights Under International Law

Author : Arlene S. Kanter
Publisher : Routledge
Page : 360 pages
File Size : 31,99 MB
Release : 2014-11-27
Category : Law
ISBN : 1134444664

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The adoption of the Convention on the Rights of People with Disabilities (CPRD) by the United Nations in 2006 is the first comprehensive and binding treaty on the rights of people with disabilities. It establishes the right of people with disabilities to equality, dignity, autonomy, full participation, as well as the right to live in the community, and the right to supported decision-making and inclusive education. Prior to the CRPD, international law had provided only limited protections to people with disabilities. This book analyses the development of disability rights as an international human rights movement. Focusing on the United States and countries in Asia, Africa, the Middle East the book examines the status of people with disabilities under international law prior to the adoption of the CPRD, and follows the development of human rights protections through the convention’s drafting process. Arlene Kanter argues that by including both new applications and entirely new approaches to human rights treaty enforcement, the CRPD is significant not only to people with disabilities but also to the general development of international human rights, by offering new human rights protections for all people. Taking a comparative perspective, the book explores how the success of the CRPD in achieving protections depends on the extent to which individual countries enforce domestic laws and policies, and the changing public attitudes towards people with disabilities. This book will be of excellent use and interest to researchers and students of human rights law, discrimination, and disability studies.

The Evolution of Sustainable Development in International Law: Inception, Meaning and Status

Author : Nico J. Schrijver
Publisher : BRILL
Page : 276 pages
File Size : 48,69 MB
Release : 2008-12-15
Category : Law
ISBN : 9047444469

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Also available as an e-book In a relatively short time the concept of “sustainable development” has become firmly established in the field of international law. The World Commission on Environment and Development concisely defined sustainable development as follows: “development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs”. This definition takes into account the needs of both the present and future generations as well as the capacity of the earth and its natural resources which by clear implication should not be depleted by a small group of people (in industrialized countries). The aim of this book is threefold : to review the genesis and to clarify the meaning of the concept of sustainable development, as well as to assess its status within public international law. Furthermore, it examines the legal principles that have emerged in the pursuit of sustainable development. Lastly, it assesses to what extent the actual evolution of law demonstrates the balance and integration with all pertinent fields of international law as urged by the Rio, Johannesburg, and World Summit documents. This is the second volume in the Hague Academy of International Law Pocket Book series; it contains the text of the course given at the Hague Academy by Professor Schrijver.

International Development Law

Author : Rumu Sarkar
Publisher : Oxford University Press
Page : 504 pages
File Size : 16,18 MB
Release : 2009-10-29
Category : Business & Economics
ISBN : 0195398289

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This theoretical and practical overview of the international legal architecture between developing countries and advanced nations is divided into two parts, the first providing a theoretical overview of the philosophical implications of international development law principles; the second deals with international financial architecture.

Human Rights and Climate Change

Author : Siobhan Mcinerney-Lankford
Publisher : World Bank Publications
Page : 162 pages
File Size : 19,94 MB
Release : 2011
Category : Science
ISBN : 0821387235

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This Study explores arguments about the impact of climate change on human rights, examining the international legal frameworks governing human rights and climate change and identifying the relevant synergies and tensions between them. It considers arguments about (i) the human rights impacts of climate change at a macro level and how these impacts are spread disparately across countries; (ii) how climate change impacts human rights enjoyment within states and the equity and discrimination dimensions of those disparate impacts; and (iii) the role of international legal frameworks and mechanisms, including human rights instruments, particularly in the context of supporting developing countries’ adaptation efforts. The Study surveys the interface of human rights and climate change from the perspective of public international law. It builds upon the work that has been carried out on this interface by reviewing the legal issues it raises and complementing existing analyses by providing a comprehensive legal overview of the area and a focus on obligations upon States and other actors connected with climate change. The objective has therefore been to contribute to the global debate on climate change and human rights by offering a review of the legal dimensions of this interface as well as a survey of the sources of public international law potentially relevant to climate change and human rights in order to facilitate an understanding of what is meant, in legal terms, by “human rights impacts of climate change” and help identify ways in which international law can respond to this interaction.

Realizing the Right to Development

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher :
Page : 584 pages
File Size : 37,77 MB
Release : 2013
Category : Business & Economics
ISBN :

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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.