Über uns

À propos de nous

Nachhaltigkeit

Durabilité

Open Access

Karriere

Carrière

Datenschutz

Protection des données

Impressum

Mentions légales

Zahlung und Lieferung

Paiement et livraison

LEXIA

LEXIA Arbeitsrecht

Was ist LEXIA?

C'est quoi LEXIA ?

LEXIA Familienrecht

Zeitschriften

Revues

recht

Pflegerecht

ZBJV

forumpoenale

ZStrR

Anwaltsrevue

Revue de l'avocat

RSAS

FamPra.ch

ASYL

Life Science Recht

BlAR

Sachbuch

Livres spécialisés

LOKI

Semaphor

Fokusthemen

Focus

Thema

Recht studieren

Arbeitsrecht

Droit du travail

Studium

Études

Familienrecht

Droit de la famille

Sozialversicherungsrecht

Droit des assurances sociales

Strafrecht

Droit pénal

Publikationen

Publications

Literatur

Onlinemodule LEXIA

Modules en ligne LEXIA

Bücher

Livres

Buchreihen

Collections

Datenbanken

recht.ch

Studienliteratur

Littérature pour les études

Services

Dienstleistungen für

Corporate Books

Publishing Lösungen

Aktuelles

Geschäftskunden

Professionnels

Corporate Publishing

Content solutions

Buchhandlungen

Librairies

Veranstaltungen

Événements

Presse

Dozierende

Enseignants

Studierende

Étudiants

Inserierende

Annonceurs

Newsletter

Blog

Autorinnen/Autoren

Auteurs

Unsere Schreibenden

Hilfe

Unsere Autorinnen und Autoren

Liste

Autorenlounge

Espace des auteurs

Bei uns publizieren

Publier chez nous

Autorenstimmen

Témoignages

Verlag

Éditions

Themen

Mehr wissen

Mitarbeitende

Collaborateurs

Geschichte

Histoire

Vision und Mission

Vision et mission

Unser Magazin

Notre magazine

Unternehmenskultur

Culture d'entreprise

Partner

Partenaires

Kontakt

Contact

Shop

Schweizer Recht

Ausländisches Recht

Über unseren Shop

Neuerscheinungen

Nouveautés

Unsere Funktionen

Nos fonctions

Vorankündigungen

À paraître

Nach Rechtsgebiet

Par domaine juridique

Kommentare

Commentaires

Gesamtkatalog

Catalogue complet

This PDF has been created in accordance with the PDF/UA-1 standard to enhance accessibility, including screen reader support, described non-text content (images, graphs), bookmarks for easy navigation

Keine Barrierefreiheitsoptionen des Lesesystems aktiv deaktiviert (außer)

Die Verwendung von Farbe ist nicht das einzige Mittel zur Informationsvermittlung

Hoher Kontrast zwischen Text und Hintergrundfarbe

Strukturelle Navigation Nächste/Zurück

Alle nicht-dekorativen Inhalte unterstützen das Lesen ohne Sehvermögen

Kontakt zum Herausgeber für weitere Informationen zur Barrierefreiheit

Political Science and International Studies (R0)

Sebastian Smart

Business, Human Rights, Technology, and Transitional Justice in Latin America

Tracing Connections

&lt;p&gt;Chapter 1: Introduction: Transitional Justice in the Age of Surveillance Capitalism.- Chapter 2: Business Model-related Human Rights Risks: the Value of Looking Downstream.- Chapter 3: Challenges of global governance: digital technologies in post/conflict settings and implications for corporate responsibility to respect human rights.- Chapter 4: Truth.- Chapter 5: Justice.- Chapter 6: Reparations.- Chapter 7: Guarantees of non-repetition (GNR).- Chapter 8: Memory.- Chapter 9: Lessons from recent protest events in Latin America.&lt;/p&gt;

Humanity in the twenty-first century faces serious global challenges and crises, including pandemics, nuclear proliferation, violent extremism, refugee migration, and climate change. None of these calamities can be averted without robust international cooperation.&nbsp;Yet, national leaders often assume that because their states are sovereign under international law, they are free to opt in or out of international cooperation as they see fit. This book challenges conventional wisdom by showing that international law requires states to cooperate with one another to address matters of international concern-even in the absence of treaty-based obligations. Within the past several decades, requirements to cooperate have become firmly embedded in the international legal regimes governing oceans, transboundary rivers, disputed territories, pollution, international security, and human rights, among other topics. Whenever states address matters of common concern, international law requires that they work together as good neighbors for their mutual benefit. This title is also available as Open Access on Cambridge Core.

Mandatory Cooperation Under International Law

Hart Studies in Constitutional Theory

This open access book is a crucial intervention in the debate concerning positive human rights obligations. There is nowadays no dispute in human rights doctrine over whether rights entail positive duties on the part of the state at the level of principle. But there has been surprisingly little academic commentary devoted to the question of whether there are, or should be, limits placed on how far those obligations extend. Similarly, there has been little scholarly attention paid to the question of how causation can be reasonably attributed in the context of violations of positive obligations. And there are very few sociological explanations provided as to why positive human rights obligations appear to be expanding without principled limits in the first place. This volume assembles the work of a range of leading scholars in international human rights law to fill these gaps in the literature. Each of its 11 substantive chapters addresses an aspect of positive obligations with a particular focus on issues concerning limits. Taken together, they provide the first serious attempt to grapple critically with the subject of the limits, causality and scope of positive obligations theoretically and doctrinally. This makes the book essential reading for scholars of human rights law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

From Protection to Coercion

The Limits of Positive Obligations in Human Rights Law

Institutions, Politics, and Processes

Constitutional Law in Contemporary America: Volume 1

The second edition of the book provides a thorough legal analysis of sovereign indebtedness, examining four typologies of sovereign debt – bilateral debt, multilateral debt, syndicated debt, and bonded debt – in connection with three crucial aspects: genesis, restructuring, and litigation. Its treatise-style approach makes it possible to capture in a systematic manner a phenomenon characterized by high complexity and huge multidisciplinarity. Because of this complexity and multidisciplinarity, the legal analysis is not exclusively based on international law, but also includes private international law, domestic law and financial practice. To better contextualise the phenomenon, references are made to international financial relations and international financial history. Although it follows the structure of a continental&nbsp;tractatus,&nbsp;the work presents a good balance between doctrinal and jurisprudential sources, making it a valuable reference book for scholars and practitioners alike.
The main updates in the second edition include:&nbsp;the effects of the Covid and Ukrainian crises and the Puerto Rico default; the issue of the validity of the Mozambican, Ukrainian, and Venezuelan loans; an analysis of China’s lending policy with particular reference to Africa; a description of the Asian Infrastructure Investment Bank and the New Development Bank; the role of credit rating agencies in the bond issuing process and the ICMA Principles on green, social, and sustainable bonds; the place of marine conservation swaps and climate swaps in restructuring processes; an inquiry into the legal status of the Paris Club and an illustration of the ad hoc terms for restructuring and the Debt Service Suspension Initiative;&nbsp;the inclusion of single-limb collective action clauses in the terms of the bonded loans; the conclusion of the lawsuits brought by vulture funds before the US courts and of the ICSID arbitrations instituted against Argentina; and, finally, an account on the Paris Club Common Framework and the UN Basic Principles on Sovereign Debt Restructuring.

Genesis — Restructuring — Litigation

Sovereign Debt

ASIL Studies in International Legal Theory

Democratic Representation in International Organizations

Hart Studies in Comparative Public Law

This open access book offers an in-depth understanding of the challenges, dilemmas and strategies of reinstating the rule of law after the dismantling of a constitutional order. Drawing on the case of Poland's democratic transition back to the rule of law, the volume explores the uncharted territory of restoring independent institutions within an EU Member State. After eight years of autocratic interference with the judiciary, media and state institutions, the Parliamentary elections of October 2023 mark a turning point for Poland. The new government now faces the complex challenge of restoring the rule of law, with European and international law playing a pivotal role. Still, at numerous crossroads a dilemma comes up: Can the rule of law be disregarded to restore it? Or must the rule of law be adhered to at the risk of legal and institutional paralysis? This book presents strategies for solving this dilemma in theory and practice, thereby paving the way for other states' transitions to come. Through a comparative and interdisciplinary approach, including historical and contextual analysis, the authors show that restoring the rule of law is more than just a legal challenge. This volume equips academics and policymakers with conceptual tools and practical guidance to address the pressing issue of reinstating the rule of law, both in Poland and beyond. The ebook editions of this book are available open access under a CC BY-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the University of Freiburg.

Challenges, Dilemmas and Strategies in Poland and Beyond

Reinstating the Rule of Law

Springer Polar Sciences

This book examines the crucial role of Antarctic legal studies in managing present and future geopolitical tensions in Antarctica. Specifically focusing on Argentina and Australia's historical contributions, it examines key moments of crisis in Antarctic history to assess their impact on Antarctic law development. By analysing these nations' responses to critical situations, the book extracts valuable lessons on how they can effectively use Antarctic law to navigate current and future geopolitical challenges. Furthermore, the book offers seven practical recommendations for Argentina and Australia to enhance Antarctic law, ensuring its efficacy in addressing these challenges.Readers will not only gain a comprehensive understanding of Argentina and Australia's historical roles in shaping Antarctic law but also appreciate the pivotal role of this legal framework in maintaining order, stability, and cooperation in the Antarctic region. The book's insights are invaluable for policymakers, scholars, and anyone interested in the sustainable governance of Antarctica, emphasizing the significance of international collaboration in preserving this unique and vital environment.

Argentina and Australia’s contributions to Antarctic law

Shaping the Ice

Hart Monographs in Transnational and International Law

Why do some international courts wield broad authority while others face pushback or fade into irrelevance? This book provides novel theoretical and empirical insights into this question. It offers a fresh, interdisciplinary perspective on the authority of international courts, drawing from law, political science and behavioural research. It develops, in Part I, a theoretical model and analytical framework for assessing these questions. The model explains how authority relationships between courts and their audiences - such as states, NGOs, individual applicants, and domestic courts - are formed, maintained, or contested. In Part II, the book applies this analytical framework to in-depth case studies of two selected international courts: the European Court of Human Rights and the Court of Justice of the Economic Community of West African States. These studies not only provide deeper insights into the authority of these courts but also demonstrate how the analytical framework can be applied to other international courts to generate an enhanced understanding of international court authority. The book sheds new light on why some courts enjoy enduring authority and others face pushback, offering powerful tools for understanding the behaviour of international courts and their audiences.

A Behavioural Framework

The Authority of International Courts

Human Rights Law in Perspective

This book makes a new and original contribution to the old debate about differences between socio-economic and civil and political rights, which has engaged human rights discourse over several decades. Although scholars and practitioners now agree that these categories are more alike than originally assumed, they continue to delineate them based on the alleged difference between immediate and progressive realisation. The book asks whether this differentiation is still valid by exploring the historical and theoretical background, the text of relevant UN human rights treaties, and the practice of the UN human rights committees. By so doing, it shows that the standards of realisation converge more than diverge and that this last remaining distinction should be abandoned. Human rights lawyers, advocates, practitioners and policy makers will find this book invaluable as it brings much needed clarification to this key question.

Immediate and Progressive Realisation in International Human Rights Law

This book proposes a new solution to the problem of the migration crisis engulfing the world by creating safe harbours, or Free Global Cities. In the face of the largest displacement crisis on record even the most optimistic view of the future suggests that in the years ahead, more and more people will migrate in order to survive. The world requires places where refugees and other migrants forced to leave their homes have the opportunity to work, study, create, start businesses, and rebuild new lives for themselves and their families. Free Global Cities can deal with this growing global crisis in a completely new way. They are autonomous, self-governed subnational entities that provide a safe environment and rule of law that will create wealth and prosperity for its residents as well as for the nations hosting them. Such a model would contribute significantly to handle the largest migration crisis in history, which the world will be experiencing in the coming decades.

The Future Leaders in Migration and Public Governance

Free Global Cities

Outlines the urgent response needed to address privatization, which has led to dramatic but largely overlooked consequences for human rights.

Destroying the Social Contract and Empowering Corporate Actors

Privatizing Human Rights

This volume, Climate Change and Children's Rights in Zimbabwe: Toward Social Policy-Based Interventions, provides a comprehensive examination of the intersection between climate change and children's rights in Zimbabwe, one of the world's most climate-vulnerable nations. It brings together diverse perspectives from sociology, law, development studies, anthropology, economics, and environmental sciences to challenge conventional approaches that treat children as passive victims of climate impacts. The book interrogates climate vulnerability through multiple dimensions, from legal frameworks and theoretical foundations to sectoral impacts and innovative adaptation strategies, showcasing transformative pathways for child-centred climate action that recognises children as rights-holders and active agents of change.\
The book outlines critical aspects and issues that must be understood and addressed to protect and advance children's rights in the face of accelerating environmental change. Attention is given to both persistent structural inequalities and innovative opportunities for building resilience through rights-based, gender-transformative, and community-grounded approaches. Through case studies spanning diverse districts, including Lupane, Bikita, Mbire, Chivi, Mashonaland Central, Gutu, Goromonzi, Zvimba, and others, it highlights how climate impacts manifest differently across Zimbabwe's varied ecological and socio-economic landscapes, affecting children's health, education, nutrition, protection, and overall well-being. It provides foundational perspectives into climate justice imperatives, multispecies justice frameworks, legal and policy gaps, and opportunities for transformative social policy that centres children's agency and Indigenous knowledge systems. The book is of interest to researchers, climate justice scholars, child rights advocates, development practitioners, humanitarian organisations, and policymakers committed to implementing more effective, equitable, and contextually appropriate climate responses that place children's rights at the centre of all climate action across Zimbabwe and the broader African continent.
&nbsp;

Toward Social Policy-Based Interventions

Climate Change and Children's Rights in Zimbabwe

Business, Human Rights, Technology, and Transitional Justice in Latin America

Autres titres sur ce thème