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This book seeks to advance the emerging field of international poverty law. While law and development discourse has dealt with international poverty, advocates of poverty reduction customarily operate within a nation-state context. The contributors to this volume, while largely, although not exclusively, relying on human rights discourse and United Nations, International Labour Organization and World Trade Organization initiatives as their primary legal sources, begin to position international poverty law as a legitimate field for transnational, multidisciplinary legal research and dialogue. While critiquing both legal theory and current policy, they nevertheless open up a constructive prospect of specific arenas in which the development of international poverty law can contribute to addressing poverty reduction. The opening chapters of this volume provide a framework within which to position the future theoretical development of international poverty law. The rest of the book explores specific human rights initiatives that address particular aspects of poverty. These include an overview of human rights conventions and how they can be connected to international poverty law; measures required to counter the tendency of intellectual property law as applied to biological products and processes to undermine food security; the right to food as framed in United Nations development documents; the potential role that voluntary codes of conduct currently being adopted by some transnational corporations might play in poverty reduction; and the startlingly important development in the new South Africa of an alternative vision of constitutional law that takes account of international human rights instruments in moving towards rendering social and economic rights justifiable.
This book provides a new framework for the future theoretical development of international poverty law. It explores specific human rights initiatives that address particular aspects of poverty, including human rights conventions, the right to food as framed in UN development documents, and the development in South Africa of an alternative vision of constitutional law.
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.
Some 2.5 billion human beings live in severe poverty, deprived of such essentials as adequate nutrition, safe drinking water, basic sanitation, adequate shelter, literacy, and basic health care. One third of all human deaths are from poverty-related causes: 18 million annually, including over 10 million children under five. However huge in human terms, the world poverty problem is tiny economically. Just 1 percent of the national incomes of the high-income countries would suffice to end severe poverty worldwide. Yet, these countries, unwilling to bear an opportunity cost of this magnitude, continue to impose a grievously unjust global institutional order that foreseeably and avoidably perpetuates the catastrophe. Most citizens of affluent countries believe that we are doing nothing wrong. Thomas Pogge seeks to explain how this belief is sustained. He analyses how our moral and economic theorizing and our global economic order have adapted to make us appear disconnected from massive poverty abroad. Dispelling the illusion, he also offers a modest, widely sharable standard of global economic justice and makes detailed, realistic proposals toward fulfilling it. Thoroughly updated, the second edition of this classic book incorporates responses to critics and a new chapter introducing Pogge's current work on pharmaceutical patent reform.
This book demonstrates how the various legal efforts employed to eradicate global urban poverty also play a significant role in shaping it. Urban poverty has been widely examined as a social problem that requires attention and social commitment. Law is often seen as both an important contributor to the problem as well as a source of crucial tools to overcome it. In spite of this, however, poverty is surprisingly disregarded within legal scholarship. This book counters this by drawing on legal theory, legal history, and legal geography to inquire how urban poverty is made visible and invisible as a problem across global cities. More specifically, it investigates the mechanisms and networks through which global urban poverty has been conceptually and materially shaped in a way that fits the remit of global corporate philanthropy and the development aid agenda. By following law’s circuitous interactions with poverty knowledge and antipoverty interventions, the book demonstrates how it plays a historical role in making poverty seen, known, and remedied. As a result, the book argues, law consolidates a stable image of poverty as an essential ‘problem’ – to be uniformly found worldwide and so reasonably fixable with the appropriate legal reforms. Taking poverty to be a fundamental manifestation of social injustice, the book thus raises key questions about the role of law in the achievement of social justice. This innovative and insightful account of the relationship between law and poverty will appeal to scholars in critical and socio-legal studies, as well as others working in poverty studies, urban studies, development studies, geography, sociology, and social policy.
With a focus on how trade, foreign investment, commercial arbitration and financial regulation rules affect impoverished individuals, Poverty and the International Economic Legal System examines the relationship between the legal rules of the international economic law system and states' obligations to reduce poverty. The contributors include leading practitioners, practice-oriented scholars and legal theorists, who discuss the human aspects of global economic activity without resorting to either overly dogmatic human rights approaches or technocratic economic views. The essays extend beyond development discussions by encouraging further efforts to study, improve and develop legal mechanisms for the benefit of the world's poor and challenging traditionally de-personified legal areas to engage with their real-world impacts.
The Poverty Law Canon takes readers into the lives of the clients and lawyers who brought critical poverty law cases in the United States. These cases involved attempts to establish the right to basic necessities, as well as efforts to ensure dignified treatment of welfare recipients and to halt administrative attacks on federal program benefit levels. They also confronted government efforts to constrict access to justice, due process, and rights to counsel in child support and consumer cases, social welfare programs, and public housing. By exploring the personal narratives that gave rise to these lawsuits as well as the behind-the-scenes dynamics of the Supreme Court, the text locates these cases within the social dynamics that shaped the course of litigation. Noted legal scholars explain the legal precedent created by each case and set the case within its historical and political context in a way that will assist students and advocates in poverty-related disciplines in their understanding of the implications of these cases for contemporary public policy decisions in poverty programs. Whether the focus is on the clients, on the lawyers, or on the justices, the stories in The Poverty Law Canon illuminate the central legal themes in federal poverty law of the late 20th century and the role that racial and economic stereotyping plays in shaping American law.
This important Research Handbook explores the nexus between human rights, poverty and inequality as a critical lens for understanding and addressing key challenges of the coming decades, including the objectives set out in the Sustainable Development Goals. The Research Handbook starts from the premise that poverty is not solely an issue of minimum income and explores the profound ways that deprivation and distributive inequality of power and capability relate to economic, social, cultural, civil and political rights.
Over the past two decades, the percentage of the world’s population living on less than a dollar a day has been cut in half. How much of that improvement is because of—or in spite of—globalization? While anti-globalization activists mount loud critiques and the media report breathlessly on globalization’s perils and promises, economists have largely remained silent, in part because of an entrenched institutional divide between those who study poverty and those who study trade and finance. Globalization and Poverty bridges that gap, bringing together experts on both international trade and poverty to provide a detailed view of the effects of globalization on the poor in developing nations, answering such questions as: Do lower import tariffs improve the lives of the poor? Has increased financial integration led to more or less poverty? How have the poor fared during various currency crises? Does food aid hurt or help the poor? Poverty, the contributors show here, has been used as a popular and convenient catchphrase by parties on both sides of the globalization debate to further their respective arguments. Globalization and Poverty provides the more nuanced understanding necessary to move that debate beyond the slogans.