The Right to Development in International Law

Author: Khurshid Iqbal
Publisher: Routledge
ISBN: 113401998X
Format: PDF, ePub
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The Right to Development in International Law rigorously explores the right to development (RTD) from the perspectives of international law as well as the constitutionally guaranteed fundamental rights and the Islamic concept of social justice in Pakistan. The volume draws on a wide range of relevant sources to analyse the legal status of international cooperation in contemporary international law, before exploring the domestic application of the right to development looking at the example of Pakistan, a country that is undergoing radical transformation in terms of its internal governance structures and the challenges it faces for enforcing the rule of law. Of particular importance is the examination of the RTD and Shari‘ah law in Pakistan which adds a new perspective to the RTD debate and enriches the discussion about human rights and Shari‘ah across the world. Through focusing on Pakistan the book links international perspectives and the international human rights framework with the domestic constitutional apparatus for enforcing the RTD within that jurisdiction. In doing so, Khurshid Iqbal argues that the RTD may be promoted through existing constitutional mechanisms if fundamental rights are widely interpreted by the superior courts, effectively implemented by the lower courts and if Shari‘ah law is progressively interpreted in public interest. Iqbal’s work will appeal to researchers, professionals and students in the fields of law, human rights, development, international law, South Asian Studies, Islamic law and international development studies.

International Human Rights Law and Domestic Violence

Author: Ronagh J.A. McQuigg
Publisher: Taylor & Francis
ISBN: 1136742085
Format: PDF, Docs
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This book examines the effectiveness of international human rights law, through the case study of domestic violence. This book asks whether international human rights law can only be effective in ‘traditional’ cases of human rights abuse or whether it can rise to the challenge of being used in relation to such an issue as domestic violence? The book focuses primarily on the question of how international human rights law could be used in relation to domestic violence in the United Kingdom. The book considers recent case law from the European Court of Human Rights on domestic violence and whether the UK courts could use the Human Rights Act 1998 to assist victims of domestic violence. The book goes on to look in detail at the statements of the international human rights bodies on domestic violence, with particular focus on those made by the United Nations Committee on the Elimination of Discrimination against Women and the Special Rapporteur on Violence against Women. The book explores the impact that the statements have had so far on the UK government’s policy in relation to domestic violence

Children and International Human Rights Law

Author: Aisling Parkes
Publisher: Routledge
ISBN: 1135085269
Format: PDF, ePub, Mobi
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The United Nations Convention on the Rights of the Child 1989 is one of the most highly ratified human rights treaties in the world, with 192 states currently signed up to it. Article Twelve is fundamental to the Convention and states that all children capable of forming views have the right to express those views, and recognises that all children have the right to be heard in any judicial and administrative proceedings affecting them. This book explores the historical and theoretical background to Article Twelve, and examines the various models of participation which have been created to facilitate a better understanding of this provision. Aisling Parkes analyzes the extent to which Article Twelve has been implemented under international law, and in domestic law, as well as setting-out recommendations for the most effective ways of implementing Article Twelve in all areas of children’s lives.

The Human Right to Development in a Globalized World

Author: Daniel Aguirre
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754674719
Format: PDF, ePub, Docs
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Offering a comprehensive analysis of the human right to development and its realistic application in an era of economic globalization, Daniel Aguirre provides a multidisciplinary overview of economic globalization and examines its challenges to the realiz

Human Rights Constitutional Law and Belonging

Author: Elena Drymiotou
Publisher:
ISBN: 9781138298903
Format: PDF, Kindle
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While every constitution includes a provision over the right to equal protection of the laws, perhaps with different terminology, this book interprets this right in a new way. Theories of the right to equal protection of the laws as the right to anti-subordination are the most influential theories for the suggested one. However, they are not the same. Elena Drymiotou suggests to understand the right to equal protection of the laws right in terms of belonging. She goes on to identify certain criteria and she offers a general theory of the Right to Democratic Belonging. This book uses political theory, constitutional provisions, and case law to suggest this new theory of the right to equal protection of the laws; the theory of the Right to Equal Belonging in a Democratic Society or in other words, the Right to Democratic Belonging. Human Rights and Equal Belonging in a Democratic Society is the starting point of a more comprehensive theory of the right to democratic belonging. It will be of interest both to students at an advanced level, academics and reflective practitioners. It addresses the topics with regard to human rights and equality and will be of interest to researchers, academics, policymakers, and students in the fields of human rights law, constitutional law, and legal theory.

The Protection of Vulnerable Groups under International Human Rights Law

Author: Ingrid Nifosi-Sutton
Publisher: Taylor & Francis
ISBN: 1317560728
Format: PDF, Docs
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The protection of vulnerable groups varies under international human rights law. Depending on the group at stake, protection may be more or less advanced. In some cases, the international community has deemed it necessary to adopt conventions providing for the rights of certain vulnerable groups and establishing mechanisms to verify State compliance. Other groups have not been the focus of States’ standard-setting endeavours, but their protection still falls within the scope of human rights treaties of general application and the mandate of their respective monitoring bodies. This book takes an innovative approach to the investigation of the international legal protection of vulnerable groups. Rather than examining the situation of a number of vulnerable groups and applicable international or regional conventions, this book reviews the overall scope of the protection of vulnerable groups under International Human Rights Law. This book conceptualizes the protection of vulnerable groups as an underlying and essential component of International Human Rights Law through a systematic and comprehensive analysis of international human rights law instruments and relevant practice of international and regional human rights monitoring bodies. The book illuminates how human rights monitoring bodies foster protection of vulnerable groups and their members at the domestic level, and underscores and assesses vulnerability paradigms these bodies have elaborated. The book also puts forward a legal definition of vulnerable groups. This book will be of great interest to students and scholars of international human rights law.

The Right to Development in the African Human Rights System

Author: Serges Djoyou Kamga
Publisher: Routledge
ISBN: 1351142461
Format: PDF, ePub, Docs
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The right to development (RTD) seeks to address global inequities hidden in world politics and global institutions through the game of influences played by powerful actors. The negative impacts of the Atlantic slave trade, colonialism, and the subjugation of Africa through globalisation and its institutions are key factors that have caused Africa and African people claiming their RTD. This book examines how the African continent protects the right to development, examining the nature of the RTD and controversies surrounding it and how it is implemented. The book then goes onto explore the RTD at the regional level including through the jurisprudence of the African Commission and the African Court on Human Rights, at the sub-regional level including in sub-regional courts and tribunals, at the national levels through case studies and through the African Union governance institutions. Through this examination, the author unveils what are the prospects and challenges to the realisation of the RTD in Africa.

Realizing the Right to Development

Author: United Nations
Publisher: United Nations Publications
ISBN:
Format: PDF, ePub
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This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.

The Changing Role of Nationality in International Law

Author: Alessandra Annoni
Publisher: Routledge
ISBN: 041553545X
Format: PDF, ePub
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The book explores the current role of nationality from the point of view of international law, reassessing the validity of the 'classical', state-centered, approach to nationality in light of the 'new' role the human being is gradually acquiring within the international legal order. In this framework, the collection assesses the impact of international human rights rules on the international discourse on nationality and explores the significance international (including private international) law attaches to the links individuals may establish with states other than that of nationality. The book weighs the significance of the bond of nationality in the context of regional integration systems, and explores the fields of international law in which nationality still plays a pivotal role, such as diplomatic protection and dispute settlement in international investment law. The collection includes contributions from legal scholars of different nationalities and academic backgrounds, and offers an excellent resource for academics, practitioners and students undertaking advanced studies in international law.

The Multilateral Trading System and Human Rights

Author: Mihir Kanade
Publisher: Routledge India
ISBN: 9781138280014
Format: PDF, ePub, Docs
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Cover -- Title -- Copyright -- Contents -- Acknowledgements -- List of abbreviations -- 1 Introduction to the study of linkages -- 2 A 'governance space' theory on linkages -- 3 The normative hierarchy debate and its distractions -- 4 The disputed role of the dispute settlement body -- 5 WTO and the shrinking of governance space -- 6 WTO and the permissive environment to abuse governance space -- 7 WTO and the limiting environment to use governance space -- 8 The way forward: the right to development approach -- 9 Conclusion -- Appendix: list of cases -- Bibliography -- Index