Transnational Legal Processes and Human Rights

Author: Lauren Fielder
Publisher: Routledge
ISBN: 1317006828
Format: PDF, ePub, Docs
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It is becoming increasingly common for human rights norms to be transferred between legal and political systems and this book is a fresh approach to the intersection of transnational law and the protection of cultural difference beyond the single state border. It investigates how the construction and evolution of human rights norms are transferred in transnational legal settings and asks whether law should reflect, express or control any given aspect of culture. The chapters explore the ways that law and cultural identity may or may not co-exist, particularly in circumstances where a prima facie clash is observed. Examining legal approaches to cultural differences from a comparative perspective and across a wide range of locations, the book covers topics such as juvenile punishment, religious defamation, religious rights and conflict between industry and indigenous communities. It will be of value to those working in the areas of transnational and comparative law, as well as those concerned with human rights and the intersection of law and cultural difference.

Transnational Legal Processes

Author: Michael Likosky
Publisher: Cambridge University Press
ISBN: 9780406946744
Format: PDF, ePub, Mobi
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24 linked essays by leading scholars in international law and the social sciences.

Gender Stereotyping

Author: Rebecca Cook
Publisher: University of Pennsylvania Press
ISBN: 0812221621
Format: PDF, Mobi
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Drawing on domestic and international law, as well as on judgments given by courts and human rights treaty bodies, Gender Stereotyping offers perspectives on ways gender stereotypes might be eliminated through the transnational legal process in order to ensure women's equality and the full exercise of their human rights. A leading international framework for debates on the subject of stereotypes, the Convention on the Elimination of All Forms of Discrimination against Women, was adopted in 1979 by the UN General Assembly and defines what constitutes discrimination against women. It also establishes an agenda to eliminate discrimination in all its forms in order to ensure substantive equality for women. Applying the Convention as the primary framework for analysis, this book provides essential strategies for eradicating gender stereotyping. Its proposed methodology requires naming operative gender stereotypes, identifying how they violate the human rights of women, and articulating states' obligations to eliminate and remedy these violations. According to Rebecca J. Cook and Simone Cusack, in order to abolish all forms of discrimination against women, priority needs to be given to the elimination of gender stereotypes. While stereotypes affect both men and women, they can have particularly egregious effects on women, often devaluing them and assigning them to subservient roles in society. As the legal perspectives offered in Gender Stereotyping demonstrate, treating women according to restrictive generalizations instead of their individual needs, abilities, and circumstances denies women their human rights and fundamental freedoms.

Changing Sustainability Norms through Communication Processes

Author: Karin Buhmann
Publisher: Edward Elgar Publishing
ISBN: 1786431653
Format: PDF, Kindle
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This book traces the development of the Business & Human Rights (BHR) regime that has so far culminated with the United Nations Guiding Principles on Business and Human Rights. It first surveys the argumentation and negotiation strategies that led to agreement on key elements of the BHR regime despite a range conflicting interests across stakeholders from public, private and not-for-profit organisations. It then maps out pro-active regulatory strategies and public-private regulation for promoting responsible business conduct, offering insights for civil society, public regulators, business managers, academics and others. The book will assist engaged parties in structuring their arguments within negotiation processes with a view to enhancing their influence on change in business organisations in support of sustainability and new norms of conduct.

Litigating Transnational Human Rights Obligations

Author: Mark Gibney
Publisher: Routledge
ISBN: 1135121052
Format: PDF, Mobi
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Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law. This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character. The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.

Law Infrastructure and Human Rights

Author: Michael B. Likosky
Publisher: Cambridge University Press
ISBN: 1139458647
Format: PDF
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From attacks on oil infrastructure in post-war reconstruction Iraq to the laying of gas pipelines in the Amazon Rainforest through indigenous community villages, infrastructure projects are sites of intense human rights struggles. Many state and non-state actors have proposed solutions for handling human rights problems in the context of specific infrastructure projects. Solutions have been admired for being lofty in principle; however, they have been judged wanting in practice. This book analyzes how human rights are handled in varied contexts and then assesses the feasibility of a common international institutional solution under the auspices of the United Nations to the alleged problem of the inability to translate human rights into practice.

Food Systems Governance

Author: Amanda Kennedy
Publisher: Routledge
ISBN: 1317380711
Format: PDF, ePub, Docs
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Sustainability and food production represent a major challenge to society, with both consumption and supply sides posing practical and ethical dilemmas. This book shows that food governance issues can occur in many ways and at many points along the food chain. The risks and impacts, particularly with the increasing globalisation of food systems, are often distributed in unequal ways. It is the role of law to form the pivot around which these issues are addressed in society in the form of food governance mechanisms. The chapters in this book address a range of issues in food governance revolving around questions of justice, fairness, equality and human rights. They identify different issues regarding inequality in access and control over food governance. Some address generic governance and institutional issues across a range of international contexts, while others present case studies, including from Argentina, China, India, Indonesia, Thailand, UK and West Africa. The book offers directions for reform of the law and legal institutions to mitigate the dangers of inequality and promote greater fairness in food governance.

Transnational Legal Orders

Author: Terence C. Halliday
Publisher: Cambridge University Press
ISBN: 1107069920
Format: PDF, ePub, Mobi
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"This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--

Transnational Legal Process and the TRIPS Agreement

Author: Eugene C. Lim
Publisher:
ISBN: 9780494447529
Format: PDF, ePub
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This dissertation critically evaluates the extent to which the TRIPS Agreement has succeeded in improving compliance with international intellectual property law. By drawing upon the work of human rights scholar Harold Koh on "transnational legal process", this dissertation departs from traditional accounts of intellectual property regulation at the multilateral level by explaining how implementation problems under the TRIPS regime can be more fully appreciated from the perspective of "compliance theory". I argue that the TRIPS Agreement has only had limited success in generating lasting and meaningful compliance in the global order because intellectual property norms and TRIPS non-compliance mechanisms continue to operate at a largely exogenous, inter-state level, without reconfiguring the values and identities of consumers and other non-state actors at the grassroots level of domestic society. Taking into account the often private and surreptitious nature of intellectual property infringement, it is suggested that the key challenge facing the TRIPS community lies in promoting voluntary adherence to TRIPS standards by domestic actors through processes of "norm internalization" that seek to persuade, rather than coerce or punish.