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Global Project Finance Human Rights And Sustainable Development

Author: Sheldon Leader
Publisher: Cambridge University Press
ISBN: 1139504258
Size: 22.43 MB
Format: PDF
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Many infrastructure projects around the world are funded through the project finance method, which combines private financing with public sector backing from multilateral finance institutions such as the World Bank. This examination of the theoretical and practical implications of such funding begins with a discussion of the relationship between the financial structuring of these projects and finance, policy and legal disciplines, especially in the form of investment law, human rights and environmental law. A number of case studies are then examined to provide practical insights into the application (or otherwise) of human rights and sustainable development objectives within such projects. While these theoretical perspectives do not conclude that the project finance method detracts from the application or implementation of human rights and sustainable development objectives, they do highlight the potential for the prioritisation of investment returns at the expense of human rights and environmental protection standards.

Global Project Finance Human Rights And Sustainable Development

Author: Sheldon Leader
Publisher: Cambridge University Press
ISBN: 9780521762601
Size: 61.82 MB
Format: PDF, Docs
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This book looks at the positive and negative effects project finance has on societies: for socially responsible investment versus the constraints placed upon the investing parties. The book takes these positive and negative impacts and tries to marry the demands of commercial performance with respect for human rights and environmental protection. It sets out the basics behind the finance model, observes the positive and negative features and goes on to look at international case studies. Finally, it goes on to make proposals for reform.

Global Project Finance Human Rights And Sustainable Development

Author: Sheldon Leader
Publisher: Cambridge University Press
ISBN: 9780521762601
Size: 78.36 MB
Format: PDF, Mobi
View: 629
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This book looks at the positive and negative effects project finance has on societies: for socially responsible investment versus the constraints placed upon the investing parties. The book takes these positive and negative impacts and tries to marry the demands of commercial performance with respect for human rights and environmental protection. It sets out the basics behind the finance model, observes the positive and negative features and goes on to look at international case studies. Finally, it goes on to make proposals for reform.

Making Sovereign Financing And Human Rights Work

Author: Juan Pablo Bohoslavsky
Publisher: Bloomsbury Publishing
ISBN: 1782253939
Size: 47.55 MB
Format: PDF, Docs
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Poor public resource management and the global financial crisis curbing fundamental fiscal space, millions thrown into poverty, and authoritarian regimes running successful criminal campaigns with the help of financial assistance are all phenomena that raise fundamental questions around finance and human rights. They also highlight the urgent need for more systematic and robust legal and economic thinking about sovereign finance and human rights. This edited collection aims to contribute to filling this gap by introducing novel legal theories and analyses of the links between sovereign debt and human rights from a variety of perspectives. These chapters include studies of financial complicity, UN sanctions, ethics, transitional justice, criminal law, insolvency proceedings, millennium development goals, global financial architecture, corporations, extraterritoriality, state of necessity, sovereign wealth and hedge funds, project financing, state responsibility, international financial institutions, the right to development, UN initiatives, litigation, as well as case studies from Africa, Asia and Latin America. These chapters are then theorised by the editors in an introductory chapter. In July 2012 the UN Human Rights Council finally issued its own guidelines on foreign debt and human rights, yet much remains to be done to promote better understanding of the legal and economic implications of the interface between finance and human rights. This book will contribute to that understanding as well as help practitioners in their everyday work. The authors include world-renowned lawyers and economists, experienced practitioners and officials from international organisations.

Sustainable Banking

Author: Olaf Weber
Publisher: University of Toronto Press
ISBN: 1442629339
Size: 20.37 MB
Format: PDF, Mobi
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Sustainable Banking introduces business leaders and students to the many ways in which financial institutions can manage their environmental and social impact and meet the needs of the current generation without compromising the needs of future generations. Olaf Weber and Blair Feltmate go beyond the business case for sustainability: how managing environmental, social, and governance risk can contribute to a bank’s bottom line – to make the sustainability case for banking: how banks and other financial institutions can make a positive impact on society. In their book, Weber and Feltmate discuss the key aspects involved in making a financial institution sustainable: how to manage the direct and indirect impacts of banking activities on the community and the environment, how to minimize and mitigate the environmental footprint of internal operations, and how to account for various types of environmental and social risk in lending and project finance. They also introduce sustainable banking products and strategies being adopted by industry leaders, such as responsible investing, social finance, and impact lending.

Foreign Direct Investment And Human Development

Author: Olivier De Schutter
Publisher: Routledge
ISBN: 1135128065
Size: 15.83 MB
Format: PDF, ePub, Mobi
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This book presents original research that examines the growth of international investment agreements as a means to attract foreign direct investment (FDI) and considers how this affects the ability of capital-importing countries to pursue their development goals. The hope of countries signing such treaties is that foreign capital will accelerate transfers of technologies, create employment, and benefit the local economy through various types of linkages. But do international investment agreements in fact succeed in attracting foreign direct investment? And if so, are the sovereignty costs involved worth paying? In particular, are these costs such that they risk undermining the very purpose of attracting investors, which is to promote human development in the host country? This book uses both economic and legal analysis to answer these questions that have become central to discussions on the impact of economic globalization on human rights and human development. It explains the dangers of developing countries being tempted to 'signal' their willingness to attract investors by providing far-reaching protections to investors' rights that would annul, or at least seriously diminish, the benefits they have a right to expect from the arrival of FDI. It examines a variety of tools that could be used, by capital-exporting countries and by capital-importing countries alike, to ensure that FDI works for development, and that international investment agreements contribute to that end. This uniquely interdisciplinary study, located at the intersection of development economics, international investment law, and international human rights is written in an accessible language, and should attract the attention of anyone who cares about the role of private investment in supporting the efforts of poor countries to climb up the development ladder.

Public Policy In International Economic Law

Author: Diane Desierto
Publisher: OUP Oxford
ISBN: 0191026484
Size: 18.25 MB
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States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.

Sustainable Development Global Trade And Social Rights

Author: Adalberto Perulli
Publisher: Studies in Employment and Soci
ISBN: 9789041192356
Size: 41.29 MB
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Studies in Employment and Social Policy (SSPO-51) About this book: Sustainable Development, Global Trade and Social Rights is aimed at analyzing the most updated aspects of linkage between global trade and social rights. There are two different but converging underlying reasons that forge a linkage between promoting social rights and market regulation: one that seeks to act against distorted competition based on social dumping, which ultimately modifies the best allocation of resources on a global scale; the other refers to the planning of an axiologically oriented global order, designed to redress the unwelcomed social consequences of globalization. Three major fields of international law - trade, the environment and human rights - have become inextricably intertwined in today's world. A practitioner, policymaker, businessperson, or academic involved in any one of these fields must now be conversant with the other two. The historic link between fundamental social rights and market regulation has proved to be a major topic in the current context of economic globalization, whose trade expansion is a fundamental component along with renewed impetus towards economic regionalism and free trade agreement, including labor provisions. An analysis of MERCOSUR offers a revealing insight into the differences between trade agreements concluded among developing countries and those concluded among developed countries. What's in this book: This groundbreaking book considers the crucial elements of this complex engagement, with eleven authoritative discussions by some of the most important and widely renowned professors of labor, commercial, and international law and experts from the International Labour Organization and the International Society for Labour and Social Security Law. Focusing primarily on the "social pillar" of sustainability, the authors cover such critical issues as the following: the "creeping de-globalization" manifested by Brexit and US protectionist policies; new and renegotiated multilateral "mega" treaties; prospects for effectively codifying social responsibilities of multinational corporations; nexus of economic comparative advantage and excessive exploitation of natural resources; weak (or non-existent) enforcement of labor clauses in trade agreements; assessing and managing environmental and social risk in project finance; and stabilization clauses in state-investor agreements. How this will help you: A much-needed probing of the future of global trade in the light of a resurgence of economic nationalisms, this book takes a giant step towards a new consensus and cohesion phase in the international community where development policies, international business transactions, and social and environmental sustainability coexist harmoniously. It will be welcomed by practitioners, academics, and researchers in trade law, environmental law, and labor law, as well as by policymakers and businesspersons concerned with how these legal fields interact with economic justice.