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This book develops an analytical legal framework for determining the substantive fundamental rights obligations of corporations.
This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.
At a time when the planet’s wildlife faces countless dangers, international environmental law continues to overlook its evolving welfare interests. This thought-provoking book provides a crucial exploration of how international environmental law must adapt to take account of the growing recognition of the intrinsic value of wildlife.
This book provides a sustained treatment of the politico-legal context and content of a proposed business and human rights treaty.
To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? Constitutions now often include newer forms of rights – such as socioeconomic and environmental rights – and are written with an explicitly transformative purpose. They also often reflect include new independent bodies such as human rights commissions and electoral tribunals whose position and function within the traditional structure is novel. The practice of the separation of powers has also changed, as the executive has tended to gain power and deliberative bodies like legislatures have often been thrown into a state of crisis. The chapters in this edited volume grapple with these shifts and the ways in which the doctrine of the separation of powers might respond to them. It also asks whether the shifts that are taking place are mostly a product of the constitutional systems of the global south, or instead reflect changes that run across most liberal democratic constitutional systems around the world.
Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.
This volume offers the first dedicated scholarly comparison of Colombia and South Africa in relation to the intersecting ideas of transitional justice, distributive justice, and transformative constitutionalism.
Comparative constitutional law has a long and distinguished history in intellectual thought and in the construction of public law. As political actors and the people who create or modify their constitutional orders, they often wish to learn from the experience and learning of others. This cross-fertilization and mutual interaction have only accelerated with the onset of globalization, which has transformed the world into an interconnected web that facilitates dialogue and linkages across international and regional structures. Oxford Comparative Constitutionalism seeks to publish scholarship of the highest quality in constitutional law that deepens our knowledge of local, national, regional, and global phenomena through the lens of comparative public law. Book jacket.
The right to food is guaranteed in South Africa’s Constitution as it is in international law. Yet food insecurity remains widespread and persistent, at levels much higher than in countries with similar levels of per capita GDP and development, such as Brazil. In this book, leading local and international researchers on food security and related policy work have come together to create the first systematic and trans-disciplinary analysis of food security and its multiple dimensions in South Africa and the southern African region. Drawing on Amartya Sen’s entitlement theory to identify the key drivers of hunger, they see food insecurity as a chronic, structurally based condition rather tha...