Making sovereign financing and human rights work / edited by Juan Pablo Bohoslavsky, Jernej Letnar Černič.

Format:

Book

Contributor:

Bohoslavsky, Juan Pablo, editor.

Černič, Jernej Letnar, editor.

Language:

English

Subjects (All):

Debts, Public--Law and legislation.

Debts, Public.

Debts, External--Law and legislation.

Debts, External.

Human rights--Economic aspects.

Human rights.

Physical Description:

1 online resource (392 p.)

Place of Publication:

Oxford, England ; Portland, Oregon : Hart Publishing, 2014.

Language Note:

English

Summary:

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.

Contents:

Cover; Half-title; Title; Copyright; Dedication; Foreword; Acknowledgements; Contents; List of Contributors; Table of Cases; Table of Legislation; 1 Placing Human Rights at the Centre of Sovereign Financing; I OBSERVING THE INTERLINKS BETWEEN SOVEREIGN DEBTS AND HUMAN RIGHTS; A Filling the Gap: Human Beings First; B A Bottom-up Approach; II PRESENTATION OF THE CONTENTS OF THE BOOK; 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

I INTRODUCTION: WHY THIS INTERDISCIPLINARY APPROACH?II FINANCIAL COMPLICITY IN POLITICAL SCIENCE: FOREIGN INCOME AND AUTHORITARIAN RESILIENCE; III LEGAL DIMENSION: A RUDIMENTARY ANSWER; A Conventions and Customary International Law; B Jurisprudence; IV POLICY AND LEGAL IMPLICATIONS OF THE FINDINGS IN THE CONTEXT OF COMPLICITY; V ASSESSING THE VERISIMILITUDE OF THE IMPLICATIONS; 3 UN Sanctions that Safeguard, Undermine, or Both, Human Rights; I INTRODUCTION; II UN SANCTIONS: LEGAL FRAMEWORK; III IMPACT ON HUMAN RIGHTS: THE IRANIAN CASE; IV TOWARDS AN OPERATIONAL METHODOLOGY; V CONCLUSION

4 The Significance of Human Rights for the Debt of Countries in TransitionI LINKAGES BETWEEN DEBT AND HUMAN RIGHTS; A Debt Forgiveness and Human Rights; II TRANSITIONAL JUSTICE AND ECONOMIC VIOLENCE; A Odious and Illegitimate Debt; III THE POLICY RELEVANCE OF A HUMAN RIGHTS PERSPECTIVE; 5 Establishing Liability for Financial Complicity in International Crimes; I INTRODUCTION; II CORPORATE COMPLICITY IN INTERNATIONAL CRIMES; A No Recognition of Corporate Complicity before International Criminal Tribunals; B The Notion of Corporate Complicity before Domestic Courts

III FINANCIAL COMPLICITY IN INTERNATIONAL CRIMESIV LESSONS FROM INTERNATIONAL LAW ON FINANCING TERRORISM; V CONCLUSION; Part II: Debt Crises and Social and Economic Rights; 6 Human Rights and Sovereign Debt Workouts; I THE ASYMMETRY BETWEEN DEBT AND HUMAN RIGHTS ENFORCEMENT: LEGAL AND DISCURSIVE HISTORY; II HUMAN RIGHTS AFFECTED IN SOVEREIGN DEBT WORKOUTS; A Economic, Social and Cultural Rights of People in the Debtor State; B Civil and Political Rights of People in the Debtor State; C Human Rights of Creditors; III JUSTIFICATION OF MEASURES AFFECTING HUMAN RIGHTS

A Retrogressive Measures Affecting Economic, Social and Cultural RightsB Measures Affecting Property Rights and Due Process Rights; IV RESPONSIBILITY; A Debtor State; B International Organisations; C Paris Club; D Bilateral Lenders; E Private Creditors; V RECTIFYING ASYMMETRIES THROUGH HUMAN RIGHTS IMPACT ASSESSMENTS; 7 A Sovereign Debt Overhang, Human Rights and the MDGs: Legal Problems through an Economist's Lens; I INTRODUCTION; II HUMAN RIGHTS OBLIGATIONS AND UNPAYABLE DEBTS; III SOVEREIGN DEBTS AND DEBTOR PROTECTION; IV CONCLUSIONS; 8 Debts and State of Necessity; I INTRODUCTION

II IS THERE A STATE OF NECESSITY DEFENCE AVAILABLE FOR ECONOMIC EMERGENCIES?

Notes:

Includes index.

Description based on print version record.

ISBN:

1-5099-0924-9

1-78225-393-9