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Global Governance, Human Rights and International Law: Combating the Tragic Flaw (Routledge Research in International Law)
by Errol P. MendesThis book offers a stimulating introduction to the links between areas of global governance, human rights global economy and international law. By drawing on a range of diverse subject areas, it argues that the foundations of global governance, human rights and international law are undermined by a conflict or ‘tragic flaw’, where insistence on absolute conceptions of state sovereignty are pitted against universally accepted principles of justice and human rights resulting in destructive self-interest for both the state and the global community. Following the election of President Donald Trump , the second edition will explores how we are witnessing a critical battle to ensure that human rights, international law and the beneficial aspects of globalization will still be relevant and applied in some of the critical institutions of global governance and in the operations of the global private sector. The second edition will focus on how States, institutions and global civil society will have to ramp up the struggle to fight this ‘tragic flaw’ that is now even more evident with the actions of the US and other authoritarian states, like China and Russia in this second decade of the 21st Century.
Global Governance, Human Rights and International Law: Combating the Tragic Flaw (Routledge Research in International Law)
by Errol P. MendesThis book offers a stimulating introduction to the links between areas of global governance, human rights global economy and international law. By drawing on a range of diverse subject areas, Errol P. Mendes argues that the foundations of global governance, human rights and international law are undermined by a conflict or ‘tragic flaw’, where insistence on absolute conceptions of state sovereignty are pitted against universally accepted principles of justice and human rights resulting in destructive self-interest for both the state and the global community. The book explores how human rights and international law are applied in some of the critical institutions of global governance and in the operations of the global private sector, and how States, institutions and global civil society struggle to fight this ‘tragic flaw’. The book is brought up to date by considering developments in the role of the IMF, the World Bank, bilateral investment treaties; the likely failure of the Doha round of WTO negotiations; the legacy of the 2008 financial crisis; and the role of the International Criminal Court and the evolving Responsibility to Protect doctrine in international peace and security crises in the Middle East, Central and West Africa among other regions of the world. With its intensely interdisciplinary approach, this book motivates new thinking in the realm of global governance and international law, and promotes the development of new strategies for negotiating between conflicting leadership and organisational values within global institutions. The book will be of great interest and use to students and researchers of public international law, international relations and political science, business and human rights, global governance and international trade and economic law.
Global Green Politics
by Peter NewellIn light of growing urgency in tackling the global environmental crisis, there is a need for new visions and strategies to ensure a more sustainable and just world. This book provides a comprehensive overview of Green perspectives on a range of global issues, including security, the economy, the state, global governance, development and the environment. Drawing on academic literature on Green political theory, combined with insights from real-world practice and the author's own extensive personal experience, it provides a timely and accessible account of why we need to embrace Green politics in order to tackle the multiple crises facing the world today. Presenting alternative visions and concrete strategies for achieving change, this book will be of interest to activists and policy-makers as well as students of environment, development and politics.
Global Health Disputes and Disparities: A Critical Appraisal of International Law and Population Health
by Dru BhattacharyaGlobal Health Disputes and Disparities explores inequalities in health around the world, looking particularly at the opportunity for, and limitations of, international law to promote population health by examining its intersection with human rights, trade, and epidemiology, and the controversial issues of legal process, religion, access to care, and the social context of illness. Using a theoretical framework rooted in international law, this volume draws on a wide range of rich empirical data to assess the challenges facing the field, including international legal treaty interpretation, and specific issues related to the application of law in resolving pressing issues in gender, access to care, and social determinants of health. In doing so, it illustrates the challenges for implementing rights-based approaches to address health disparities, with profound implications for future regulations and policymaking. It includes both interviews with leading scholars, as well as a variety of case studies from prominent international forums, including formal claims brought before the Human Rights Council and the Committee on the Elimination of All Forms of Discrimination Against Women, as well as regional and national experiences, drawn from disputes in India, Indonesia, South Africa and the USA. This volume is an innovative contribution to the burgeoning fields of global health and human rights, and will be of interest to students and researchers in public health, global health, law and sociology interested in the social determinants of health and social justice from both theoretical and practical perspectives.
Global Health Governance: International Law and Public Health in a Divided World
by Obijiofor AginamGlobalization has immersed all of humanity in a single germ pool. There are no health sanctuaries in a globalizing world. In Global Health Governance, Obijiofor Aginam explores the relevance of international law in contemporary public health diplomacy. He focuses on the concept of mutual vulnerability to explore the globalization of disease, in what is paradoxically a global village and a divided world. Drawing from a wide range of disciplines, Global Health Governance offers a holistic approach to global health governance involving a multiplicity of actors: nation-states, international organizations, civil society organizations, and private actors. Aginam articulates modest proposals under the rubric of communitarian globalism, a paradigm that strives to meet the ideals of 'law of humanity.' These proposals project a humane global health order where all of humanity is inexorably tied into a global compact and where the health of one nation-state rises and falls with the health of others. International law—with its bold claims to universal protection of human rights and human dignity—is an indispensable governance tool for the reconstruction of damaged public health trust in the relations of nations and peoples.
Global Health Law
by Lawrence O. GostinThe international community has made great progress in improving global health. But staggering health inequalities between rich and poor still remain, raising fundamental questions of social justice. In a book that systematically defines the burgeoning field of global health law, Lawrence Gostin drives home the need for effective global governance for health and offers a blueprint for reform, based on the principle that the opportunity to live a healthy life is a basic human right. Gostin shows how critical it is for institutions and international agreements to focus not only on illness but also on the essential conditions that enable people to stay healthy throughout their lifespan: nutrition, clean water, mosquito control, and tobacco reduction. Policies that shape agriculture, trade, and the environment have long-term impacts on health, and Gostin proposes major reforms of global health institutions and governments to ensure better coordination, more transparency, and accountability. He illustrates the power of global health law with case studies on AIDS, influenza, tobacco, and health worker migration. Today's pressing health needs worldwide are a problem not only for the medical profession but also for all concerned citizens. Designed with the beginning student, advanced researcher, and informed public in mind, Global Health Law" will be a foundational resource for teaching, advocacy, and public discourse in global health.
Global Health Security: A Blueprint for the Future
by Lawrence O. GostinWith lessons learned from COVID-19, a world-leading expert on pandemic preparedness proposes a pragmatic plan urgently needed for the future of global health security. The COVID-19 pandemic revealed how unprepared the world was for such an event, as even the most sophisticated public health systems failed to cope. We must have far more investment and preparation, along with better detection, warning, and coordination within and across national boundaries. In an age of global pandemics, no country can achieve public health on its own. Health security planning is paramount. Lawrence O. Gostin has spent three decades designing resilient health systems and governance that take account of our interconnected world, as a close advisor to the Centers for Disease Control and Prevention (CDC), the World Health Organization (WHO), and many public health agencies globally. Global Health Security addresses the borderless dangers societies now face, including infectious diseases and bioterrorism, and examines the political, environmental, and socioeconomic factors exacerbating these threats. Weak governance, ineffective health systems, and lack of preparedness are key sources of risk, and all of them came to the fore during the COVID-19 crisis, even—sometimes especially—in wealthy countries like the United States. But the solution is not just to improve national health policy, which can only react after the threat is realized at home. Gostin further proposes robust international institutions, tools for effective cross-border risk communication and action, and research programs targeting the global dimension of public health. Creating these systems will require not only sustained financial investment but also shared values of cooperation, collective responsibility, and equity. Gostin has witnessed the triumph of these values in national and international forums and has a clear plan to tackle the challenges ahead. Global Health Security therefore offers pragmatic solutions that address the failures of the recent past, while looking toward what we know is coming. Nothing could be more important to the future health of nations.
Global Health and Human Rights: Legal and Philosophical Perspectives (Routledge Research in Human Rights Law)
by John HarringtonThe right to health, having been previously neglected is now being deployed more and more often in litigation, activism and policy-making across the world. International bodies such as the WHO, UNAIDS, World Bank and WTO are increasingly using or being evaluated with reference to health rights, and international NGOs frequently use the language of rights in campaigning and in more concrete litigation. This book brings together an impressive array of internationally renowned scholars in the areas of law, philosophy and health policy to critically interrogate the development of rights based approaches to health. The volume integrates discussion of the right to health at a theoretical level in law and ethics, with the difficult substantive issues where the right is relevant, and with emerging systems of global health governance. The contributions to this volume will add to our theoretical and practical understanding of rights based approaches to health.
Global Health and Human Rights: Principles and Practices
by Cees J. Hamelink Dirk R. Essink Marlies J. VisserThis textbook explores public health and individual health care through the prism of global human rights and ethical decision-making.Written by leading experts in this field, the book is divided into three distinctive parts. Part I introduces the theoretical framework through which the core issues can be understood, contrasting a clinical approach to health care with a social determinant perspective and discussing the decolonialisation of global health. Part II discusses how a human rights rationale impacts different social groups, from children to the elderly to those with disabilities, highlighting issues such as abortion and euthanasia. Part III addresses contemporary topics such as infectious diseases, migration, mental health care, the impact of advanced medical technology and climate change. Each chapter features case studies which ask readers to assess complex ethical dilemmas, fostering decision-making based on clear moral reasoning, as well as discussion assignments and further reading.Also featuring online video lectures, this is an important textbook that will be essential reading for students across the health sciences, including medicine and all related fields.
Global Impact of the Ukraine Conflict: Perspectives from International Law
by Shuichi Furuya Hitomi Takemura Kuniko OzakiThe invasion of Ukraine by the Russian Federation and the subsequent military campaigns entail several classical aspects of armed conflict. First, it is a type of international armed conflict between two sovereign states that had been prevalent until the middle of the twentieth century but not in the last several decades. It is also a direct intervention by a superpower into a neighboring state with the former’s aspiration of territorial expansion. This action evokes a scheme of war reminiscent of the nineteenth or early twentieth century. At the same time, however, the invasion is generating in the international community a sense of new phenomena, leading to a new era that may be different from the past three decades following the end of the Cold War. In fact, the hostilities between the Russian Federation and Ukraine, as well as reactions by other states and international organizations, have raised legal and political issues that require scholars to reexamine existing frameworks of the international community and individual rules of international law. The process of applying international law to states is a dynamic one. Rules of international law may and should regulate the behavior of states and provide standards to decide whether a particular act by a state is permissible. At the same time, however, states may change or replace existing rules, and a significant event or series of such events may be a strong motivator to create a new legal framework. In this regard, rules of international law and the conduct of states are in a dialectical relationship. International law can both shape a mode of conduct and be shaped by that conduct—being its creator as well as its creation. The Ukraine conflict is not an exception. We can discuss the conduct of the Russian Federation, Ukraine, other states and international organizations and evaluate their legality and legitimacy from the viewpoint of existing rules. However, we may also reevaluate the current rules of international law through the lens of the Ukraine conflict and discuss possible changes to those rules in the future. Inspired by the latter aspect of the international legal process, the present book aims to examine the impact of the Ukraine conflict, whether salient or potential, on various rules of international law. Most of the authors are from Japan and other Asian countries that are geographically remote from the site of the conflict. It is often true, however — and particularly in this case — that those keeping an appropriate distance can look at relevant issues in a broader view and from a more objective perspective. To what extent and in what manner may the Ukraine conflict have an impact on the legal framework of the international community and the rules of international law? This book is the first to answer those questions in a comprehensive manner.
Global Information Warfare: The New Digital Battlefield, Second Edition
by Andrew Jones Gerald L. KovacichSince the turn of the century much has happened in politics, governments, spying, technology, global business, mobile communications, and global competition on national and corporate levels. These sweeping changes have nearly annihilated privacy anywhere in the world and have also affected how global information warfare is waged and what must be do
Global Injustice Symbols and Social Movements
by Thomas OlesenGlobal Injustice Symbols and Social Movements theorizes how transnational social movements create symbols of injustice in order to foster and sustain the solidarity necessary for their success. Olesen examines our collective moral and political maps, dotted with symbols shaped by political dynamics beyond their local or national origin, and offers the first systematic sociological treatment of this important phenomenon. Using empirical data collected from media archives, official documents,and internet sources, Olesen seeks to answer how global injustice symbols are formed, how they are employed by political actors, and to what ends.
Global Insights on Theatre Censorship (Routledge Advances in Theatre & Performance Studies)
by Michael Thompson Diego Santos Sánchez Catherine O'LearyTheatre has always been subject to a wide range of social, political, moral, and doctrinal controls, with authorities and social groups imposing constraints on scripts, venues, staging, acting, and reception. Focusing on a range of countries and political regimes, this book examines the many forms that theatre censorship has taken in the 20th century and continues to take in the 21st, arguing that it remains a live issue in the contemporary world. The book re-examines assumptions about prohibition and state control, and offers a more complex reading of theatre censorship as a continuum ranging from the unconscious self-censorship built into social structures and discursive practices, through bureaucratic regulation or unofficial influence, up to detention and physical violence. An international team of contributors offers an illuminating set of case studies informed by both new archival research and the first-hand experience of playwrights and directors, covering theatre censorship in areas such as Spain, Portugal, Brazil, Poland, East Germany, Nepal, Zimbabwe, the USA, Ireland, and Britain. Focusing on right-wing dictatorships, post-colonial regimes, communist systems and Western democracies, the essays analyze methods and discourses of censorship, identify the multiple agents involved, examine the responses of theatremakers, and show how each example reveals important features of its political and cultural contexts. Expanding understanding of the nature and effects of censorship, this volume affirms the power of theatre to challenge authorized discourses and makes a timely contribution to debates about freedom of expression through performance.
Global Insolvency and Bankruptcy Practice for Sustainable Economic Development: International Best Practice
by Adrian Cohen Tarek HajjiriThis book is a comparative study of international practices in bankruptcy law, providing perspectives from a variety of specialisms including practitioners, lawyers, bankers, accountants and judges from the United Arab Emirates, the UK and Singapore.
Global Insolvency and Bankruptcy Practice for Sustainable Economic Development: International Best Practice
by Adrian Cohen Tarek HajjiriThis book is a comparative study of international practices in bankruptcy law, providing perspectives from a variety of specialisms including practitioners, lawyers, bankers, accountants and judges from the United Arab Emirates, the UK and Singapore.
Global Issues in Contemporary Policing (International Police Executive Symposium Co-Publications)
by Arvind Verma Dilip K. Das John A. Eterno Aiedeo Mintie DasThis book addresses six areas of policing: performance management, professional and academic partnerships, preventing and fighting crime and terrorism, immigrant and multicultural populations, policing the police, and cyber-security. The book contains the most current and ground-breaking research across the world of policing with contributors from over 20 countries. It is also a suitable reference or textbook in a special topics course. It consists of edited versions of the best papers presented at the IPES annual meeting in Budapest.
Global Journalism Ethics
by Stephen J.A. WardStephen Ward argues that present media practices are narrowly based within the borders of single country and thus unable to successfully inform the public about a globalized world. Presenting an ethical framework for work in multimedia, the author extends John Rawl's theories of justice and the human good to redefine the aims for which journalism should strive and then applies this new foundation to issues such as the roles of patriotism and objectivity in journalism. An innovative argument that presents a necessary corrective to contemporary media practices, Global Journalism Ethics is a theoretically rich study for journalists on the air, in print, and on the internet.
Global Justice (The Library of Essays on Justice)
by Holly Lawford-SmithThis volume brings together a range of influential essays by distinguished philosophers and political theorists on the issue of global justice. Global justice concerns the search for ethical norms that should govern interactions between people, states, corporations and other agents acting in the global arena, as well as the design of social institutions that link them together. This volume includes articles that engage with major theoretical questions such as the applicability of the ideals of social and economic equality to the global sphere, the degree of justified partiality to compatriots, and the nature and extent of the responsibilities of the affluent to address global poverty and other hardships abroad. It also features articles that bring the theoretical insights of global justice thinkers to bear on matters of practical concern to contemporary societies, such as policies associated with immigration, international trade and climate change.
Global Justice And Development
by Julian CulpDefending a procedural conception of global justice that calls for the establishment of reasonably democratic arrangements within and beyond the state, this book argues for a justice-based understanding of social development and justifies why a democracy-promoting international development practice is a requirement of global justice.
Global Justice Reform: A Comparative Methodology
by Hiram E. ChodoshGlobal Justice Reform critiques and rethinks two neglected subjects: the nature of comparison in the field of comparative law and the struggles of national judicial systems to meet global rule of law objectives. Hiram Chodosh offers a candid look at the surprisingly underdeveloped methodology of comparative legal studies, and provides a creative conceptual framework for defining and understanding the whys, whats, and hows of comparison. Additionally, Chodosh demonstrates how theories of comparative law translate into practice, using contemporary global justice reform initiatives as a case study, with a particular focus on Indonesia and India. Chodosh highlights the gap between the critical role of judicial institutions and their poor performance (for example, political interference, corruption, backlog, and delay), discussing why reform is so elusive, and demonstrating the unavoidable and essential role of comparison in reform proposals.Throughout the book, Chodosh identifies several sources of comparative misunderstanding that impede successful reforms and identifies the many predicaments reformers face, detailing a wide variety of designs, methods, and social dilemmas. In response to these seemingly insurmountable challenges, Chodosh advances some novel conceptual strategies, first by drawing on a body of non-legal scholarship on self-regulating, emergent systems, and then by identifying a series of anti-dilemma strategies that draw upon insights about the nature of comparison.
Global Justice and Desire: Queering Economy (Social Justice)
by Nikita Dhawan Antke Engel Christoph H.E. Holzhey Volker WoltersdorffEmploying feminist, queer, and postcolonial perspectives, Global Justice and Desire addresses economy as a key ingredient in the dynamic interplay between modes of subjectivity, signification and governance. Bringing together a range of international contributors, the book proposes that both analyzing justice through the lens of desire, and considering desire through the lens of justice, are vital for exploring economic processes. A variety of approaches for capturing the complex and dynamic interplay of justice and desire in socioeconomic processes are taken up. But, acknowledging a complexity of forces and relations of power, domination, and violence – sometimes cohering and sometimes contradictory – it is the relationship between hierarchical gender arrangements, relations of exploitation, and their colonial histories that is stressed. Therefore, queer, feminist, and postcolonial perspectives intersect as Global Justice and Desire explores their capacity to contribute to more just, and more desirable, economies.
Global Justice and Due Process
by Larry MayThe idea of due process of law is recognised as the cornerstone of domestic legal systems, and in this book Larry May makes a powerful case for its extension to international law. Focussing on the procedural rights deriving from Magna Carta, such as the rights of habeas corpus (not to be arbitrarily incarcerated) and nonrefoulement (not to be sent to a state where harm is likely), he examines the legal rights of detainees, whether at Guantanamo or in refugee camps. He offers a conceptual and normative account of due process within a general system of global justice, and argues that due process should be recognised as jus cogens, as universally binding in international law. His vivid and compelling study will be of interest to a wide range of readers in political philosophy, political theory, and the theory and practice of international law.
Global Justice and International Economic Law
by Frank J. Garcia John Linarelli Chi CarmodySince the beginnings of the GATT and the Bretton Woods institutions, and on to the creation of the WTO, states have continued to develop institutions and legal infrastructure to promote global interdependence. International economic law, a field dominated by legal regimes to liberalize international trade but that also includes international financial law and international law relating to economic development, has become a dense web of treaty commitments at the multilateral, regional, and bilateral levels. International lawyers are experts in understanding how these institutions operate in practice, but they tend to uncritically accept comparative advantage as the principal normative criterion to justify these institutions. In contrast, moral and political philosophers have developed accounts of global justice, but these accounts have had relatively little influence on international legal scholarship and on institutional design. What is needed is a multidisciplinary approach to understanding the economic fairness problems that societies face as they become increasingly interdependent, and the solutions that international economic law and institutions might facilitate. This volume reflects the results of a symposium held at Tillar House, the American Society of International Law headquarters in Washington, DC, in November 2008, which brought together philosophers, legal scholars, and economists to discuss the problems of understanding international economic law from the standpoints of rights and justice, in particular from the standpoint of distributive justice.
Global Justice and International Economic Law
by Frank J. GarciaFor centuries, international trade has been seen as essential to the wealth and power of nations. More recently we have started to understand its problematic role as an engine of distributive justice. In this compelling book Frank J. Garcia proposes a new way to evaluate, construct and manage international trade – one that is based on norms of economic justice, comparative advantage and national interest. Garcia examines three ways to conceptualize the problem of trade and global justice, drawn from Rawlsian liberalism, communitarianism and consent theory. These approaches illustrate specific issues of importance to the way global justice has been theorized, offering a pluralistic mode of arguing for global justice and highlighting the unique modes of discourse we employ when engaging with global justice and their implications for conceptualizing and arguing the problem. Garcia suggests a new direction for trade agreements built around truly consensual trade negotiations and the kind of international economic system they would structure.
Global Justice and International Labour Rights
by Hanna Lerner Dahan, Yossi and Lerner, Hanna and Milman-Sivan, Faina Yossi Dahan Faina Milman-SivanDespite the growing global consensus regarding the need to ensure minimal labour standards, such as adequate safety and health conditions, freedom of association, and the prohibition of child labour, millions of workers across the world continue to work in horrific conditions. Who should be held responsible, both morally and legally, for protecting workers' rights? What moral and legal obligations should individuals and institutions bear towards foreign workers in their countries? Is there any democratic way to generate, regulate, and enforce labour standards in a global labour market? This book addresses these questions by taking a fresh look at the normative assumptions underlying existing and proposed international labour regulations. By focusing on international labour as a particular sphere of justice, it seeks to advance both the contemporary philosophical debate on global justice and the legal scholarship on international labour.