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Obama's Bank
The Obama administration aims to lay a sound foundation for growth by investing in high-speed rail, clean energy, information technology, drinking water, and other vital infrastructures. The idea is to partner with the private sector to produce these public goods. An Obama government bank will direct these investments, making project decisions based on the merits of each project, not on politics. This approach has been a cornerstone of US foreign policy for several decades. In fact, our government-led reinvestment in America is modeled explicitly on international public banks and partnerships. However, although this foreign commercial policy is well-established with many successes, it has also been deservedly controversial and divisive. This book describes the international experience, drawing lessons on how the Obama Bank can forge partnerships to promote a durable twenty-first-century New Deal.
Law, Infrastructure and Human Rights
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.
The Silicon Empire
"Michael Likosky examines the continuities and discontinuities between colonial and present-day high tech transnational legal orders. His concern is specifically with the colonial characteristics of the legal order which underpins the global high tech economy. He distinguishes the democratic and human rights rhetoric of this economy from a reality wherein the legal order is often used to reproduce colonial-type relationships. Just as in the colonial period, the expansion of trans-border commerce overlaps with democratic demands and human rights in complex, multifaceted and paradoxical ways. Through a case study looking at Malaysia's Multimedia Super Corridor, a high tech national development plan and foreign direct investment scheme, he examines how the transnational leaders of the high tech economy along with the Malaysian political elite react when human rights problems threaten to derail commercial plans."--Provided by publisher.
Privatising Development
This book looks at the shift since the 1980s away from state-financed and towards privatised international infrastructure projects. An interdisciplinary group of contributors look at the relationship between privatisation and human rights in diverse national settings and in multiple sectors of the economy. These issues are explored through international organisation frameworks and internal policies, legislative guides, contracts, and public-private partnerships. The roles of the World Bank, MIGA, export credit agencies, the UN Commission on International Trade Law, credit ratings agencies, international banks, TNCs, NGOs, community groups and state agencies are examined.
The Calling of Law
As one of the ’learned’ professions requiring advanced learning and high principles, law enjoys a special standing in society. In return for its status and rank, the legal profession is expected to exhibit the highest levels of honesty, trust and morality, the very values which underpin the legal system itself. This, in turn, entrusts to legal education a particular problem of addressing, not only the substantive elements of the body of law, but a means through which the characteristics of the ’calling’ of law are imparted and instilled. At a time when the very essence of the legal profession is under threat, this book calls for a realignment of the legal curriculum and pedagogies so as to emphasise the development of culture over industry; character over eloquence; and calling over skill. Chapters are grouped around the core content and key themes of Curiosity, Calling, Character and Conscientiousness, Contract, and Culture. The volume includes contributions from leading experts, drawn internationally and from other professional disciplines in order to present alternative approaches aimed at tackling common issues, providing insight, and provoking debate.
Human Rights in the Market Place
The ideology of human rights protection has gained considerable momentum during the second half of the twentieth century at both national and international level and appears to be an effective lever for bringing about legal change. This book analyzes this strategy in economic and commercial policy and considers the transportation of the 'public law' discourse of basic human rights protection into the 'commercial law' context of economic policy, business activity and corporate behaviour. The volume will prove indispensable for anyone interested in human rights, international law, and business and commercial law.
Writing Women's Worlds
Extrait de la couverture : " In 1978 Lila Abu-Lughod climbed out of a dusty van to meet members of a small Awlad 'Ali Bedouin community. Living in this Egyptian Bedouin settlement for extended periods during the following decade, Abu-Lughod took part in family life, with its moments of humor, affection, and anger. As the new teller of these tales Abu-Lughod draws on anthropological and feminist insights to construct a critical ethnography. She explores how the telling of these stories challenges the power of anthropological theory to render adequately the lives of others and the way feminist theory appropriates Third World women. Writing Women's Worlds is thus at once a vivid set of stories and a study in the politics of representation."
Comparative Law
The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.
The Changing Landscape of Global Financial Governance and the Role of Soft Law
The Changing Landscape of Global Financial Governance and the Role of Soft Law provides interdisciplinary perspectives on the changing landscape of global financial governance by exploring the impact and role of soft law, directly or as a precursor of hard law, pertaining to financial governance. Since the shaping of financial governance impacts national, regional and global levels of regulation, different views and arguments contribute to the ongoing discussions about financial regulation. Against this background, this book brings together perspectives of economists and lawyers who have not rallied to one or the other popular call for more regulation as a panacea for the prevention of future global financial crises, calls which have all but drowned out more nuanced scientific debates. Instead, their analysis of aspects of remedial regulatory policy prescriptions already made or proposed demonstrates that carefully designed soft law can be deployed as a valuable method or tool of mediation between the unrestrained autonomy of dysfunctional markets and overzealously crafted hard law.
Human Rights with Modesty: The Problem of Universalism
This volume considers the problem of legal universals at the level of the rule of law and human rights, which have fundamentally different pedigrees, and attempts to come to terms with the new unease arising from the universal application of human rights. Given the juridicization of human rights, rule of law and human rights expectations have become significantly intertwined: human rights are enforced with the instruments of the rule of law and are thus limited by the restricted reach thereof. The first section of this volume considers the difficulties of universalistic claims and offers a number of possible solutions for adapting universal expectations to specific contexts. The second secti...
