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Making Sovereign Financing and Human Rights Work

Editat de Juan Pablo Bohoslavsky, Jernej Letnar Cernic
en Limba Engleză Paperback – 27 iul 2016
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.
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Specificații

ISBN-13: 9781509909247
ISBN-10: 1509909249
Pagini: 390
Dimensiuni: 169 x 244 x 20 mm
Greutate: 0.62 kg
Ediția:NIPPOD
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

The book fills a gap in the literature on legal and economic thinking about the interface between finance and human rights and will be of interest to those working in the area of human rights.

Notă biografică

Juan Pablo Bohoslavsky is a sovereign debt expert at United Nations Conference on Trade and Development.Jernej Letnar Cernic is Assistant Professor of Human Rights Law, School of Government and European Studies, Brdo pri Kranju, Slovenia.

Cuprins

1 Placing Human Rights at the Centre of Sovereign Financing Juan Pablo Bohoslavsky and Jernej Letnar ?Cerni?cPart 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-Folch3 UN Sanctions that Safeguard, Undermine, or Both, Human Rights Patricia Pinto Soares4 The Significance of Human Rights for the Debt of Countries in Transition Dustin Sharp5 Establishing Liability for Financial Complicity in International Crimes Nadia BernazPart II Debt Crises and Social and Economic Rights 6 Human Rights and Sovereign Debt Workouts Matthias Goldmann7 A Sovereign Debt Overhang, Human Rights and the MDGs: Legal Problems through an Economist's Lens Kunibert Raffer8 Debts and State of Necessity August Reinisch and Christina Binder9 Global Financial Architecture and Human Rights Rosa M Lastra10 Sovereign Financing and Corporate Responsibility for Economic and Social Rights Jernej Letnar ?Cerni?cPart III Specific Financial Actors and Instruments, and Novel Approaches 11 Ethical Sovereign Investors: Sovereign Wealth Funds and Human Rights Angela Cummine

Recenzii

...this book makes a pleasant read for anyone interested in the intersection of sovreign finance and human rights. Perhaps more importantly, it is a laudable undertaking in terms of its programmatic aspiration to elevate human rights on the priority scale of policy making with regards to sovreign insolvency.
...the book is highly valuable...[it] is welcome and certainly succeeds in keeping its promise "to contribute to a better understanding of the colossal encounter of sovereign financing and human rights"...

Descriere

There is an 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.