Download or read book Concessionaires Financiers and Communities written by Kinnari Bhatt and published by Cambridge University Press. This book was released on 2020-03-19 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The untold story of how concessionaires, financiers and hidden private legal devices, implement and shape Indigenous peoples' rights to land.

Download or read book Concessionaires Financiers and Communities written by Kinnari I. Bhatt and published by Cambridge University Press. This book was released on 2020-03-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Unrelenting demands for energy, infrastructure and natural resources, and the need for developing states to augment income and signal an 'enterprise-ready' attitude mean that transnational development projects remain a common tool for economic development. Yet little is known about the fragmented legal framework of private financial mechanisms, contractual clauses and discretionary behaviours that shape modern development projects. How do gaps and biases in formal laws cope with the might of concessionaires and financiers and their algorithmic contractual and policy technicalities negotiated in private offices? What impacts do private legal devices have for the visibility and implementation of Indigenous peoples' rights to land? This original perspective on transnational development projects explains how the patterns of poor rights recognition and implementation, power(lessness), vulnerability and, ultimately, conflict routinely seen in development projects will only be fully appreciated by acknowledging and remedying the pivotal role and priority enjoyed by private mechanisms, documentation and expertise.

Download or read book International Human Rights Law and Practice written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2024-02-15 with total page 1033 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its fourth edition, this well-respected textbook blends the theory of human rights with its context, debates and practice.

Download or read book The Routledge Handbook on Extraterritorial Human Rights Obligations written by Mark Gibney and published by Routledge. This book was released on 2021-12-24 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

Download or read book The Cambridge Handbook of the Sustainable Development Goals and International Law Volume 1 written by Jonas Ebbesson and published by Cambridge University Press. This book was released on 2022-09-08 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2015, the United Nations established seventeen Sustainable Development Goals (SDG) that aimed 'to achieve a better and more sustainable future for all' by 2030. The chapters within this collection address each of these SDGs, considering how they relate to one another and international law, and what institutions could aid their implementation. Development has been a contentious topic since the decolonization period after World War II, and issues surrounding sustainable development are necessarily impacted by the multifaceted relationship between the Global South and Global North. Confronting the context and challenge of sustainable development, this collection outlines how the international economic system problematizes the attainment of the SDGs. Introducing a novel, cosmopolitan approach, this book offers new ways of understanding sustainable development and suggests potential solutions so that we might finally achieve it.

Download or read book The Anthem Companion to Philip Selznick written by Paul van Seters and published by Anthem Press. This book was released on 2021-08-17 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Anthem Companion to Philip Selznick is a collection of essays by renowned authors on the preeminent sociologist, Philip Selznick (1919–2010). He is widely recognized for his major contributions to a number of fields, including general sociology, sociology of organizations, industrial sociology, sociology of law and moral sociology. The contributions in the book cross disciplinary boundaries, bridge disciplinary divides, and display an awareness of and respect for Selznick’s humanist sensibility. Selznick would have felt very comfortable in this company. In that sense, all the chapters of The Anthem Companion to Philip Selznick are true companions to Selznick’s sociology.

Download or read book The Cambridge Companion to Business and Human Rights Law written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2021-09-09 with total page 683 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can businesses operate profitably and sustainably while ensuring that they are applying human rights? It is possible to apply human rights while at the same time decreasing cost and making human rights contribute to profits. Yet business efforts alone are insufficient, and states must possess sufficient regulatory power to work together with businesses and investors – not only to improve human rights but also to foster development more broadly. This textbook, the first of its kind, explores all aspects of the links between business operations and human rights. Its twenty-five chapters guide readers systematically through all the particular features of this intersection, integrating legal and business approaches. Thematic sections cover conceptual and regulatory frameworks, remedies and dispute resolution, and practical enforcement tools. Ideal for courses in business, law, policy and international development, the book is also essential reading for managers in large corporations.

Download or read book Indigenous Peoples and Mining written by Ciaran O'Faircheallaigh and published by Oxford University Press. This book was released on 2023-08-03 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous peoples have occupied their territories for thousands of years, territories that are increasingly being mined by an industry applying the most modern extractive, marketing, and transport technologies on a scale that can be difficult to comprehend. Mining reshapes landscapes, literally moving mountains and diverting rivers; the Indigenous owners of these landscapes often believe them to have been originally shaped by ancestor beings who still reside at mining locations. This book seeks to understand the political, social, economic, and cultural dynamic that is created by the relentless expansion of mining into Indigenous territories. Contributing to such an understanding involves a task of global significance: Indigenous peoples embody a large part of the world's linguistic and cultural diversity; their lands cover an estimated 25 per cent of the world's land surface, intersect with about 40 per cent of all ecologically intact landscapes, and contain a large proportion of the world's mineral resources. Must interaction between Indigenous peoples and mining involve the destruction of Indigenous peoples, territories, and cultures? Can the remarkable resilience that has allowed Indigenous peoples to survive for millennia enable them not only to survive, but to capitalize on the development opportunities offered by mining? What role are governments, international organizations, and civil society playing in shaping relations between mining and Indigenous peoples? Ciaran O'Faircheallaigh addresses these and other questions by drawing on his own 30 years of experience working with Indigenous communities as they deal with mining projects, and on the experiences of Indigenous peoples in some 15 countries from different regions of the globe.

Download or read book The Cambridge Handbook on the Material Constitution written by Marco Goldoni and published by Cambridge University Press. This book was released on 2023-01-05 with total page 1091 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite a long and venerable tradition, the material constitution almost disappeared from constitutional scholarship after the Second World War. Its marginalisation saw the rise of a normative and legalistic style in constitutional law that neglected the role of social reality and political economy. This collection not only retrieves the history and development of the concept of the material constitution, but it tests its theoretical and practical relevance in the contemporary world. With essays from a diverse range of contributors, the collection demonstrates that the material constitution speaks to several pressing issues, from the significance of economic development in constitutional orders to questions of constitutional identity. Offering original analyses supported by international case studies, this book develops a new model of constitutional reality, one that informs our understanding of the world in profound ways.

Download or read book Encyclopedia of Law and Development written by Koen De Feyter and published by Edward Elgar Publishing. This book was released on 2021-01-29 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Encyclopedia is an indispensable resource in the area of law and development. Bringing together more than 80 entries, the Encyclopedia spans a variety of approaches, contextualised histories, recent developments and forward-looking insights into the role of law in development. It is an invaluable reference point for scholars seeking to engage with issues at the intersection of law and development from both within and outside of the legal field, as well as a thorough but succinct overview for post-graduate students.

Download or read book Transnational Law and State Transformation written by Jennifer Lander and published by Routledge. This book was released on 2019-11-07 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes new theoretical insight and in-depth empirical analysis about the relationship between transnational legality, state change and the globalisation of markets. The role of transnational economic law in influencing and reorganising national systems of governance evidences the constitutional dimensions of global capitalism: the power to institute new rules and limits for national states. This form of new constitutionalism does not undermine the state but transforms it by eroding national capacities and implanting global alternatives. While leading scholars in the field have emphasised the much-needed value of case studies, there are no studies available which consider the cumulative impact of multiple axes of transnational legal ordering on the national state or its constitution. This monograph addresses this empirical gap, whilst expanding the theoretical scope of the field. Mongolia’s recent transformation as a mineral-exporting country provides a rare opportunity to witness economic and legal globalisation in process. Based on careful empirical analysis of national law and policy-making, the book traces the way distinctive processes of transnational legal ordering have reorganised and reframed the governance of Mongolia’s mining sector, specifically by redistributing state power in relation to the market, sub-national administrations and civil society. The book investigates the role of international financial institutions, multinational corporations and non-governmental organisations in normative transmission, as well as the critical role of national actors in embedding transnational investment norms within the domestic legal and policy environment. As the book demonstrates, however, the constitutional ramifications of transnational legal ordering extend beyond the mining regime itself into more fundamental questions of the trajectory of state transformation, institutionally and ideologically. The book will be of interest to scholars of international law, global governance and the political economy of development.

Download or read book Organization Management in Construction written by Paul S. Chinowsky and published by Routledge. This book was released on 2011-01-12 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today’s construction environment is changing at an unprecedented pace and executives are facing a diverse set of issues – globalization, economics, workforce demographics, and technology. Moreover the traditional issues of competition and delivery are being challenged by new laws and new industry entrants; and the tasks of project and organization management are being overhauled. This all demands greater leadership from senior management. Construction executives typically reach senior level after many years mastering the art of project management, which has given them very little time or opportunity to learn the concepts and principles of organization leadership – unlike their counterparts in other industries who have been steeped in this. This book provides a comprehensive overview of the key issues that organization leaders must understand and address. It provides concise summaries by leading international authorities of the ten key strategic management issues, shows how they have emerged, and outlines their potential impact on the construction organization.

Download or read book State Communities and Forests in Contemporary Borneo written by Fadzilah Majid Cooke and published by ANU E Press. This book was released on 2006-07-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The name 'Borneo' evokes visions of constantly changing landscapes, but with important island-wide continuities. One of the continuities has been the forests, which have for generations been created and modified by the indigenous population, but over the past three decades have been partially replaced by tree crops, grass or scrub. This book, the first in the series of Asia-Pacific Environmental Monographs, looks at the political complexities of forest management across the whole island of Borneo, tackling issues of tenure, land use change and resource competition, 'tradition' versus 'modernity', disputes within and between communities, between communities and private firms, or between communities and governments. While it focuses on the changes taking place in local political economies and conservation practices, it also makes visible the larger changes taking place in both Indonesia and Malaysia. The common theme of the volume is the need to situate local complexities in the larger institutional context, and the possible gains to be made from such an approach in the search for alternative models of conservation and development.

Download or read book The Feminist and the Sex Offender written by Judith Levine and published by Verso Books. This book was released on 2020-04-28 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the era of #MeToo and mass incarceration, The Feminist and the Sex Offender makes a powerful feminist case for accountability without punishment and sexual safety and pleasure without injustice. With analytical clarity and narrative force, The Feminist and the Sex Offender contends with two problems that are typically siloed in the era of #MeToo and mass incarceration: sexual and gender violence, on the one hand, and the state’s unjust, ineffective, and soul-destroying response to it on the other. Is it possible to confront the culture of abuse? Is it possible to hold harm-doers accountable without recourse to a criminal justice system that redoubles injuries, fails survivors, and retrenches the conditions that made such abuse possible? Drawing on interviews, extensive research, reportage, and history, The Feminist and the Sex Offender develops an intersectional feminist approach to ending sexual violence. It maps with considerable detail the unjust sex offender regime while highlighting the alternatives we urgently need.

Download or read book World on Fire written by Amy Chua and published by Anchor. This book was released on 2004-01-06 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reigning consensus holds that the combination of free markets and democracy would transform the third world and sweep away the ethnic hatred and religious zealotry associated with underdevelopment. In this revelatory investigation of the true impact of globalization, Yale Law School professor Amy Chua explains why many developing countries are in fact consumed by ethnic violence after adopting free market democracy. Chua shows how in non-Western countries around the globe, free markets have concentrated starkly disproportionate wealth in the hands of a resented ethnic minority. These “market-dominant minorities” – Chinese in Southeast Asia, Croatians in the former Yugoslavia, whites in Latin America and South Africa, Indians in East Africa, Lebanese in West Africa, Jews in post-communist Russia – become objects of violent hatred. At the same time, democracy empowers the impoverished majority, unleashing ethnic demagoguery, confiscation, and sometimes genocidal revenge. She also argues that the United States has become the world’s most visible market-dominant minority, a fact that helps explain the rising tide of anti-Americanism around the world. Chua is a friend of globalization, but she urges us to find ways to spread its benefits and curb its most destructive aspects.

Download or read book Towards an Enduring Peace written by Various Authors and published by Library of Alexandria. This book was released on with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the storm has gone by and the skies after clearing have softened, we may discover that a corrected perspective is the result of the war that we are most conscious of. Familiar presumptions will appear foreshortened, and new distances of fact and possibility will lie before us. Before the fateful midsummer of 1914 the most thoughtful part of mankind confidently held a lot of agreeable presumptions which undoubtedly influenced individual and collective conduct. The more intangible of them were grouped under such name symbols as “idealism,” “humanitarian impulse,” “human brotherhood,” “Christian civilization.” The workaday ones were pigeonholed under the rubric: “enlightened economic interest.” Between the practical and the aspirational were distributed all the excellent Aristotelian middle course presumptions of the “rule of reason” order. And why not? The nineteenth century had closed in a blaze of scientific glory. By patient inductive research the human mind had found out nature’s way on earth and in the heavens, and with daring invention had turned knowledge to immediate practical account. The struggle for existence had become a mighty enterprise of progress. Steam and electricity had brought the utmost parts of the world together. Upon substantial material foundations the twentieth century would build a world republic, wherein justice should apportion abundance. Upon presumption we reared the tower of expectation. Yet on the horizon we might have seen—some of us did see—a thickening haze and warning thunderheads. Not much was said about them, but to some it seemed that the world behaved as if it felt the tension of a rising storm. With nervous eagerness the nations pushed their way into the domains of the backward peoples. They sought concessions, opportunities for investment, command of resources, exclusive trade, spheres of influence. Private negotiations were backed by diplomacy, and year after year diplomacy was backed by an ever more impressive show of naval and military power. But we did not believe that the Great War impended. There would still be restricted wars here and there of course, but more and more they could be prevented. The human mind that had mastered nature’s way could master and control the ways of man. Economic interest would bring its resistless strength to bear against the mad makers of the wastes of war. A sensitive conscience would revolt against the cruelties of war. Reason, which had invented rules and agencies to keep the peace within the state, would devise tribunals and procedures to substitute a rational adjustment of differences for the arbitrament of war between states. The world has recovered from disaster before now, it will recover again. Presumptions that disappointed have been reexamined and brought into truer drawing. Expectation has been more broadly built, it will be more broadly built again. There is conscience in mankind, and the war has sublimely revealed it, as it has revealed also undreamed of survivals of faithlessness and cruelty. The presumption of rational control in human affairs has been foreshortened, but not painted out. In the background stand forth as grim realities, forces of fear, distrust, envy, ignorance, and hate that we had thought were ghosts. Conscience is as strong and as sensitive as we believed it to be; reason is as effective as we presumed; but the forces arrayed against them we now see are mightier than we knew. So now we ask, By what power shall conscience and reason be reinforced, and the surviving forces of barbarism be driven back? There is but one answer left, all others have been shot to pieces. Conscience and reason are effective when they organize material energies, not when they dissipate themselves in dreams. Conscience and reason must assemble, coördinate, and bring to bear the economic resources and the physical energies of the civilized world to narrow the area and to diminish the frequency of war.

Download or read book The Annals of the American Academy of Political and Social Science written by American Academy of Political and Social Science and published by . This book was released on 1916 with total page 1014 pages. Available in PDF, EPUB and Kindle. Book excerpt: