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The twelfth in the series of yearbooks on "Human Rights in Development" the current millennium edition attempts to take stock of developments in the human rights arena since the Universal Declaration was adopted over half a century ago. The introductory overview article chronicles developments within the human rights field to date and sets the stage for a future scenario by looking at the respective roles of governments and the business community in respecting, protecting and fulfilling human rights. An article on the World Trade Organisation follows the challenges posed by international trade in a human rights perspective. The appropriateness of so-called smart sanctions as a means of bolstering human rights is discussed in a third contribution. A fourth highlights the gender dimensions of the statute of the new international criminal court. The challenge of accommodating diversity and the rights of indigenous peoples in the new political dispensation of Guatemala is assessed in a fifth essay, whereas affirmative action policies within the context of Malaysia are examined in a sixth one. The difficulties inherent in designing, managing and evaluating aid programmes for human rights and democracy purposes is the theme of the penultimate contribution, whereas the final article considers the use of research in designing aid projects in the judicial system of Nepal. The Yearbook on "Human Rights in Development" is a joint project of European and Canadian research institutes and centres on human rights: the Chr. Michelsen Institute, Bergen; the Danish Centre for Human Rights, Copenhagen; the Icelandic Human Rights Centre, Reykjavik; the Ludwig Boltzman Institute of Human Rights, Vienna; theInternational Centre for Human Rights and Democratic Development, Montreal; the Netherlands Institute of Human Rights, Utrecht; the Norwegian Institute of Human Rights, Oslo; and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, Lund. The Yearbook is geared to a broad readership, including government agencies, donors, embassies, the mass media, non-governmental organisations, the academic community, and the interested public at large.
The twelfth in the series of yearbooks on Human Rights in Development the current millennium edition attempts to take stock of developments in the human rights arena since the Universal Declaration was adopted over half a century ago. The introductory overview article chronicles developments within the human rights field to date and sets the stage for a future scenario by looking at the respective roles of governments and the business community in respecting, protecting and fulfilling human rights. An article on the World Trade Organisation follows the challenges posed by international trade in a human rights perspective. The appropriateness of so-called smart sanctions as a means of bolstering human rights is discussed in a third contribution. A fourth highlights the gender dimensions of the statute of the new international criminal court. The challenge of accommodating diversity and the rights of indigenous peoples in the new political dispensation of Guatemala is assessed in a fifth essay, whereas affirmative action policies within the context of Malaysia are examined in a sixth one. The difficulties inherent in designing, managing and evaluating aid programmes for human rights and democracy purposes is the theme of the penultimate contribution, whereas the final article considers the use of research in designing aid projects in the judicial system of Nepal. The Yearbook on Human Rights in Development is a joint project of European and Canadian research institutes and centres on human rights: the Chr. Michelsen Institute, Bergen; the Danish Centre for Human Rights, Copenhagen; the Icelandic Human Rights Centre, Reykjavik; the Ludwig Boltzman Institute of Human Rights, Vienna; the International Centre for Human Rights and Democratic Development, Montreal; the Netherlands Institute of Human Rights, Utrecht; the Norwegian Institute of Human Rights, Oslo; and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, Lund. The Yearbook is geared to a broad readership, including government agencies, donors, embassies, the mass media, non-governmental organisations, the academic community, and the interested public at large.
Faced with evolving trade and health dynamics, this book presents a historical, conceptual, and empirical examination of public health and medical procurement in international trade law at a time of emergency. The work argues that the current trade framework is outdated and must be redesigned to suit the new needs of the 21st century. It identifies critical problems within the current international trade system that prevents it from effectively responding to pandemics, as well as to the emerging digital economy. Based on the analysis, the study puts forward specific suggestions to upgrade the current trade rules framework to prepare for future international public health emergencies and further digitalization of health services. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of International Trade Law, Public Health Law and Medical Law.
The Open Access publication of this book has been made possible by the Swiss National Science Foundation. Is the current structure of international law still adequate to solve global problems such as child labour? This book argues for more coherence between human rights and trade law, analysing the world trade law compatibility of topical trade measures on (forced) child labour such as the US Tariff Act of 1930 or the proposal for an EU Forced Labour Regulation, mainly under the GATT non-discrimination principles and the policy exceptions clause. Discussing theories such as constitutionalism and pluralism, Franziska Humbert develops the idea of a New Legal Humanism as a cognitive frame for the global legal order.
This interdisciplinary book explores the concept of convergence of the EU with the global legal order. It captures the actions, law-making and practice of the EU as a cutting-edge actor in the world promoting convergence 'against the grain'. In a dynamic 'twist' the book uses methodology to reflect upon some of the most dramatically changing dimensions of current global affairs. Questions explored include: who and what are the subjects and objects of convergence as to the EU and the world? How do 'court-centric' and less 'court-centric' approaches differ? Can we use political science and international relations as 'service tools'? Four key themes are probed: - framing EU convergence; - global trade against convergence; - the EU as the exceptional internationalist; and - positioning convergence through methodology.
This book explores how Indigenous Peoples are impacted by globalization and the cult of the individual that often accompanies the phenomenon.
This volume unites three disparate strands of historical and legal experience. Nearly from its beginning, the Catholic Church has sought to promote peace – among warring parties, and among private litigants. The volume explores three vehicles the Church has used to promote peace: papal diplomacy of international disputes both medieval and contemporary; the arbitration of disputes among litigants; and the use of the tools of reconciliation to bring about rapprochement between ecclesiastical superiors and those subject to their authority. The book concludes with an appendix exploring a wide variety of hypothetical, yet plausible scenarios in which the Church might use its good offices to repair breaches among persons and nations.
World trade and investment law is in crisis: new and progressive ideas are needed. Rules that facilitated globalization and supported global economic growth are being challenged. A system of global governance that once seemed secure is now at risk as the United States ignores the rules while developing countries struggle to escape restrictions. Some want to tear global institutions and agreements down while others try desperately to maintain the status quo. Rejecting both options, a group of trade and investment law experts from 10 countries, South and North, have joined hands to propose ideas for a new world trade and investment law that would maintain global growth while distributing costs and benefi ts more fairly. Paying special attention to those who have suffered from trade dislocation and to restrictions that have hampered innovative growth strategies in developing countries, they outline a progressive trade and investment law agenda in World Trade and Investment Law Reimagined.
It is clear that more sustainable and efficient use of fresh water resources will become crucial in future global water management to avoid major threats to biological life. Trade in Water Under International Law offers a careful and well-reasoned introduction and analysis of this emerging and largely unchartered subject of international trade law, which has hitherto been of key importance in domestic law and policy, exploring the potential and limits of addressing the use of water resources in the context of World Trade Organization law.