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Transnational Legal Processes And Human Rights

Author: Lauren Fielder
Publisher: Routledge
ISBN: 131700681X
Size: 28.76 MB
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It is becoming increasingly common for human rights norms to be transferred between legal and political systems and this book is a fresh approach to the intersection of transnational law and the protection of cultural difference beyond the single state border. It investigates how the construction and evolution of human rights norms are transferred in transnational legal settings and asks whether law should reflect, express or control any given aspect of culture. The chapters explore the ways that law and cultural identity may or may not co-exist, particularly in circumstances where a prima facie clash is observed. Examining legal approaches to cultural differences from a comparative perspective and across a wide range of locations, the book covers topics such as juvenile punishment, religious defamation, religious rights and conflict between industry and indigenous communities. It will be of value to those working in the areas of transnational and comparative law, as well as those concerned with human rights and the intersection of law and cultural difference.

Transnational Legal Processes

Author: Michael Likosky
Publisher: Cambridge University Press
ISBN: 9780406946744
Size: 60.88 MB
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24 linked essays by leading scholars in international law and the social sciences.

Gender Stereotyping

Author: Rebecca Cook
Publisher: University of Pennsylvania Press
ISBN: 0812221621
Size: 48.72 MB
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Drawing on domestic and international law, as well as on judgments given by courts and human rights treaty bodies, Gender Stereotyping offers perspectives on ways gender stereotypes might be eliminated through the transnational legal process in order to ensure women's equality and the full exercise of their human rights. A leading international framework for debates on the subject of stereotypes, the Convention on the Elimination of All Forms of Discrimination against Women, was adopted in 1979 by the UN General Assembly and defines what constitutes discrimination against women. It also establishes an agenda to eliminate discrimination in all its forms in order to ensure substantive equality for women. Applying the Convention as the primary framework for analysis, this book provides essential strategies for eradicating gender stereotyping. Its proposed methodology requires naming operative gender stereotypes, identifying how they violate the human rights of women, and articulating states' obligations to eliminate and remedy these violations. According to Rebecca J. Cook and Simone Cusack, in order to abolish all forms of discrimination against women, priority needs to be given to the elimination of gender stereotypes. While stereotypes affect both men and women, they can have particularly egregious effects on women, often devaluing them and assigning them to subservient roles in society. As the legal perspectives offered in Gender Stereotyping demonstrate, treating women according to restrictive generalizations instead of their individual needs, abilities, and circumstances denies women their human rights and fundamental freedoms.

Human Rights In The World Community

Author: Richard Pierre Claude
Publisher: University of Pennsylvania Press
ISBN: 9780812219487
Size: 28.49 MB
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This unique textbook seeks to promote students' critical and analytical skills and to provide a teacher-friendly resource featuring: in-depth scholarly introductions to each chapter, multiple questions for discussion and reflection, and an extensive bibliography and annotated filmography.

Law Infrastructure And Human Rights

Author: Michael B. Likosky
Publisher: Cambridge University Press
ISBN: 1139458647
Size: 32.88 MB
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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.

Transnational Legal Process And The Trips Agreement

Author: Eugene C. Lim
Publisher:
ISBN: 9780494447529
Size: 59.60 MB
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This dissertation critically evaluates the extent to which the TRIPS Agreement has succeeded in improving compliance with international intellectual property law. By drawing upon the work of human rights scholar Harold Koh on "transnational legal process", this dissertation departs from traditional accounts of intellectual property regulation at the multilateral level by explaining how implementation problems under the TRIPS regime can be more fully appreciated from the perspective of "compliance theory". I argue that the TRIPS Agreement has only had limited success in generating lasting and meaningful compliance in the global order because intellectual property norms and TRIPS non-compliance mechanisms continue to operate at a largely exogenous, inter-state level, without reconfiguring the values and identities of consumers and other non-state actors at the grassroots level of domestic society. Taking into account the often private and surreptitious nature of intellectual property infringement, it is suggested that the key challenge facing the TRIPS community lies in promoting voluntary adherence to TRIPS standards by domestic actors through processes of "norm internalization" that seek to persuade, rather than coerce or punish.

Transnational Legal Orders

Author: Terence C. Halliday
Publisher: Cambridge University Press
ISBN: 1107069920
Size: 73.29 MB
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"This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--

Jenseits Der Menschenrechte

Author: Anne Peters
Publisher: Mohr Siebeck
ISBN: 9783161527494
Size: 62.82 MB
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Grundthese des Buches ist, dass ein Paradigmenwechsel stattgefunden hat, der den Menschen zum primaren Volkerrechtssubjekt macht. Diese These wird vor dem Hintergrund der Ideengeschichte und Dogmatik der Volkerrechtspersonlichkeit des Menschen entfaltet und auf die Rechtspraxis in zahlreichen Teilrechtsgebieten, angefangen vom Recht der internationalen Verantwortung uber das Recht des bewaffneten Konflikts, das Recht der Katastrophenhilfe, das internationale Strafrecht, das internationale Umweltrecht, das Konsularrecht und das Recht des diplomatischen Schutzes, das internationale Arbeitsrecht, das Fluchtlingsrecht bis hin zum internationalen Investitionsschutzrecht gestutzt. Der neue Volkerrechtsstatus des Menschen wird mit dem Begriff des subjektiven internationalen Rechts auf den Punkt gebracht.

Changing Sustainability Norms Through Communication Processes

Author: Karin Buhmann
Publisher: Edward Elgar Publishing
ISBN: 1786431653
Size: 78.46 MB
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This book traces the development of the Business & Human Rights (BHR) regime that has so far culminated with the United Nations Guiding Principles on Business and Human Rights. It first surveys the argumentation and negotiation strategies that led to agreement on key elements of the BHR regime despite a range conflicting interests across stakeholders from public, private and not-for-profit organisations. It then maps out pro-active regulatory strategies and public-private regulation for promoting responsible business conduct, offering insights for civil society, public regulators, business managers, academics and others. The book will assist engaged parties in structuring their arguments within negotiation processes with a view to enhancing their influence on change in business organisations in support of sustainability and new norms of conduct.

Gender Justice And Legal Pluralities

Author: Rachel Sieder
Publisher: Routledge
ISBN: 1136191577
Size: 53.29 MB
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Gender Justice and Legal Pluralities: Latin American and African Perspectives examines the relationship between legal pluralities and the prospects for greater gender justice in developing countries. Rather than asking whether legal pluralities are ‘good’ or ‘bad’ for women, the starting point of this volume is that legal pluralities are a social fact. Adopting a more anthropological approach to the issues of gender justice and women’s rights, it analyzes how gendered rights claims are made and responded to within a range of different cultural, social, economic and political contexts. By examining the different ways in which legal norms, instruments and discourses are being used to challenge or reinforce gendered forms of exclusion, contributing authors generate new knowledge about the dynamics at play between the contemporary contexts of legal pluralities and the struggles for gender justice. Any consideration of this relationship must, it is concluded, be located within a broader, historically informed analysis of regimes of governance.