Making Sovereign Financing and Human Rights Work

ISBN-13: 9781509909247 / Angielski / Miękka / 2016 / 390 str.

Juan Pablo Bohoslavsky;Jernej Letnar Cernic

Opis

Now available in paperback 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. These issues 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 put in a theoretical context by the editors in the 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. Subject: Human Rights Law, International Investment Law, International Trade Law]

Spis treści

1 Placing Human Rights at the Centre of Sovereign Financing Juan Pablo Bohoslavsky and Jernej Letnar ?Cerni?c Part I Debt and Gross Violations of Political and Civil Rights 2 Rational Choice and Financial Complicity with Human Rights Abuses: Policy and Legal Implications Juan Pablo Bohoslavsky and Abel Escribà-Folch 3 UN Sanctions that Safeguard, Undermine, or Both, Human Rights Patricia Pinto Soares 4 The Significance of Human Rights for the Debt of Countries in Transition Dustin Sharp 5 Establishing Liability for Financial Complicity in International Crimes Nadia Bernaz Part II Debt Crises and Social and Economic Rights 6 Human Rights and Sovereign Debt Workouts Matthias Goldmann 7 A Sovereign Debt Overhang, Human Rights and the MDGs: Legal Problems through an Economist’s Lens Kunibert Raffer 8 Debts and State of Necessity August Reinisch and Christina Binder 9 Global Financial Architecture and Human Rights Rosa M Lastra 10 Sovereign Financing and Corporate Responsibility for Economic and Social Rights Jernej Letnar ?Cerni?c Part III Specific Financial Actors and Instruments, and Novel Approaches 11 Ethical Sovereign Investors: Sovereign Wealth Funds and Human Rights Angela Cummine