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Showing 1 - 14 of
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Recent trends suggest that international economic law may be
witnessing a renaissance of convergence - both parallel and
intersectional. The adjudicative process also reveals signs of
convergence. These diverse claims of convergence are of legal,
empirical and normative interest. Yet, convergence discourse also
warrants scepticism. This volume contributes to both the general
debate on the fragmentation of international law and the narrower
discourse concerning the interplay between international trade and
investment, focusing on dispute settlement. It moves beyond broad
observations or singular case studies to provide an informed and
wide-reaching assessment by investigating multiple standards,
processes, mechanisms and behaviours. Methodologically, a normative
stance is largely eschewed in favour of a range of 'doctrinal,'
quantitative and qualitative methods that are used to address the
research questions. Furthermore, in determining the extent of
convergence or divergence, it is important to recognize that there
is no bright line or clear yardstick for determining its nature or
degree.
The past few decades have witnessed an explosion of judgments on
social rights around the world. However, we know little about
whether these rulings have been implemented. Social Rights
Judgments and the Politics of Compliance is the first book to
engage in a comparative study of compliance of social rights
judgments as well as their broader effects. Covering fourteen
different domestic and international jurisdictions, and drawing on
multiple disciplines, it finds significant variance in outcomes and
reveals both spectacular successes and failures in making social
rights a reality on the ground. This variance is strikingly similar
to that found in previous studies on civil rights, and the key
explanatory factors lie in the political calculus of defendants and
the remedial framework. The book also discusses which strategies
have enhanced implementation, and focuses on judicial reflexivity,
alliance building and social mobilisation.
The Millennium Development Goals (MDGs) have generated tremendous
discussion in global policy and academic circles. On the one hand,
they have been hailed as the most important initiative ever in
international development. On the other hand, they have been
described as a great betrayal of human rights and universal values
that has contributed to a depoliticization of development. With
contributions from scholars from the fields of economics, law,
politics, medicine, and architecture, this volume sets out to
disentangle this debate in both theory and practice. It critically
examines the trajectory of the MDGs, the role of human rights in
theory and practice, and what criteria might guide the framing of
the post-2015 development agenda. The book is essential reading for
anyone interested in global agreements on poverty and development.
The embrace of socio-economic rights in South Africa has featured
prominently in scholarship on constitution making, legal
jurisprudence and social mobilisation. But the development has
attracted critics who claim that this turn to rights has not
generated social transformation in practice. This book sets out to
assess one part of the puzzle and asks what has been the role and
impact of socio-economic strategies used by civil society actors.
Focusing on a range of socio-economic rights and national trends in
law and political economy, the book's authors show how
socio-economic rights have influenced the development of civil
society discourse and action. The evidence suggests that some
strategies have achieved material and political impact but this is
conditional on the nature of the claim, degree of mobilisation and
alliance building, and underlying constraints.
International investment arbitration remains one of the most
controversial areas of globalisation and international law. This
book provides a fresh contribution to the debate by adopting a
thoroughly empirical approach. Based on new datasets and a range of
quantitative, qualitative and computational methods, the
contributors interrogate claims and counter-claims about the
regime's legitimacy. The result is a nuanced picture about many of
the critiques lodged against the regime, whether they be bias in
arbitral decision-making, close relationships between law firms and
arbitrators, absence of arbitral diversity, and excessive
compensation. The book comes at a time when several national and
international initiatives are under way to reform international
investment arbitration. The authors discuss and analyse how the
regime can be reformed and ow a process of legitimation might
occur.
In a short space of time, the right to water has emerged from
relative obscurity to claim a prominent place in human rights
theory and practice. This book explores this rise descriptively and
prescriptively. It analyses the recognition, use and partly impact,
of the right to water in international and comparative law, civil
society mobilisation and public policy. It also scrutinises the
normative implications of the right to water with a focus on
challenges and puzzles it creates for law and policymaking. These
questions are explored globally and comparatively within different
dynamics of the sector - water allocation, water access and urban
and rural water reform - and in conjunction with the right to
sanitation. This multi-disciplinary volume reveals the diverse ways
in which the right to water has been adopted, but also its
limitations when faced with the realities of political economy,
political ecology and partly, traditional legal thought.
The Millennium Development Goals (MDGs) have generated tremendous
discussion in global policy and academic circles. On the one hand,
they have been hailed as the most important initiative ever in
international development. On the other hand, they have been
described as a great betrayal of human rights and universal values
that has contributed to a depoliticization of development. With
contributions from scholars from the fields of economics, law,
politics, medicine and architecture, this volume sets out to
disentangle this debate in both theory and practice. It critically
examines the trajectory of the MDGs, the role of human rights in
theory and practice, and what criteria might guide the framing of
the post-2015 development agenda. The book is essential reading for
anyone interested in global agreements on poverty and development.
In the space of two decades, social rights have emerged from the
shadows and margins of human rights jurisprudence. The authors in
this book provide a critical analysis of almost two thousand
judgments and decisions from twenty-nine national and international
jurisdictions. The breadth of the decisions is vast, from the
resettlement of evictees to the regulation of private medical plans
to the development of state programs to address poverty and
illiteracy. The jurisprudence not only implicates our understanding
of economic, social, and cultural rights, but also challenges the
philosophical debates that question whether these rights can and
should be justiciable.
In a short space of time, the right to water has emerged from
relative obscurity to claim a prominent place in human rights
theory and practice. This book explores this rise descriptively and
prescriptively. It analyses the recognition, use and partly impact,
of the right to water in international and comparative law, civil
society mobilisation and public policy. It also scrutinises the
normative implications of the right to water with a focus on
challenges and puzzles it creates for law and policymaking. These
questions are explored globally and comparatively within different
dynamics of the sector - water allocation, water access and urban
and rural water reform - and in conjunction with the right to
sanitation. This multi-disciplinary volume reveals the diverse ways
in which the right to water has been adopted, but also its
limitations when faced with the realities of political economy,
political ecology and partly, traditional legal thought.
The past few decades have witnessed an explosion of judgments on
social rights around the world. However, we know little about
whether these rulings have been implemented. Social Rights
Judgments and the Politics of Compliance is the first book to
engage in a comparative study of compliance of social rights
judgments as well as their broader effects. Covering fourteen
different domestic and international jurisdictions, and drawing on
multiple disciplines, it finds significant variance in outcomes and
reveals both spectacular successes and failures in making social
rights a reality on the ground. This variance is strikingly similar
to that found in previous studies on civil rights, and the key
explanatory factors lie in the political calculus of defendants and
the remedial framework. The book also discusses which strategies
have enhanced implementation, and focuses on judicial reflexivity,
alliance building and social mobilisation.
The embrace of socio-economic rights in South Africa has featured
prominently in scholarship on constitution making, legal
jurisprudence and social mobilisation. But the development has
attracted critics who claim that this turn to rights has not
generated social transformation in practice. This book sets out to
assess one part of the puzzle and asks what has been the role and
impact of socio-economic strategies used by civil society actors.
Focusing on a range of socio-economic rights and national trends in
law and political economy, the book's authors show how
socio-economic rights have influenced the development of civil
society discourse and action. The evidence suggests that some
strategies have achieved material and political impact but this is
conditional on the nature of the claim, degree of mobilisation and
alliance building, and underlying constraints.
The rise of globalization and the persistence of global poverty are
straining the territorial paradigm of human rights. This book asks
if states possess extraterritorial obligations under existing
international human rights law to respect and ensure economic,
social, and cultural rights and how far those duties extend. Taking
a departure point in theory and practice, the book is the first of
its kind to analyze the principal cross-cutting legal issues at
stake: the legal status of obligations, jurisdiction, causation,
division of responsibility, and remedies and accountability. The
book focuses specifically on the role of states but also addresses
their duties to regulate powerful nonstate actors. The authors
demonstrate that many key issues have been resolved or clarified in
international law while others remain controversial or await the
development of further practice, particularly the scope of
jurisdiction and the quantitative dimension of extraterritorial
obligations to fulfill.
The rise of globalization and the persistence of global poverty are
straining the territorial paradigm of human rights. This book asks
if states possess extraterritorial obligations under existing
international human rights law to respect and ensure economic,
social and cultural rights and how far those duties extend. Taking
a departure point in theory and practice, the book is the first of
its kind to analyze the principal cross-cutting legal issues at
stake: the legal status of obligations, jurisdiction, causation,
division of responsibility, and remedies and accountability. The
book focuses specifically on the role of states but also addresses
their duties to regulate powerful nonstate actors. The authors
demonstrate that many key issues have been resolved or clarified in
international law while others remain controversial or await the
development of further practice, particularly the scope of
jurisdiction and the quantitative dimension of extraterritorial
obligations to fulfil.
In the space of two decades, social rights have emerged from the
shadows and margins of human rights jurisprudence. The authors in
this book provide a critical analysis of almost two thousand
judgments and decisions from twenty-nine national and international
jurisdictions. The breadth of the decisions is vast, from the
resettlement of evictees to the regulation of private medical plans
to the development of state programs to address poverty and
illiteracy. The jurisprudence not only implicates our understanding
of economic, social, and cultural rights, but also challenges the
philosophical debates that question whether these rights can and
should be justiciable.
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