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

Format:

Book

Contributor:

Bohoslavsky, Juan Pablo, editor.

Černič, Jernej Letnar, editor.

Language:

English

Subjects (All):

Debts, External--Law and legislation.

Debts, External.

Debts, Public--Law and legislation.

Debts, Public.

Human rights--Economic aspects.

Human rights.

Physical Description:

1 online resource (222 pages)

Edition:

1st ed.

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, 2014.

Language Note:

English

Summary:

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

Contents:

Placing Human Rights at the Centre of Sovereign Financing

Juan Pablo Bohoslavsky and Jernej Letnar Černič

Rational Choice and Financial Complicity with Human Rights Abuses : Policy and Legal Implications

Juan Pablo Bohoslavsky and Abel Escribà-Folch

UN Sanctions that Safeguard, Undermine, or Both, Human Rights

Patricia Pinto Soares

The Significance of Human Rights for the Debt of Countries in Transition

Dustin Sharp

Establishing Liability for Financial Complicity in International Crimes

Nadia Bernaz

Human Rights and Sovereign Debt Workouts

Matthias Goldmann

A Sovereign Debt Overhang, Human Rights and the MDGs : Legal Problems through an Economist's Lens

Kunibert Raffer

Debts and State of Necessity

August Reinisch and Christina Binder

Global Financial Architecture and Human Rights

Rosa M. Lastra

Sovereign Financing and Corporate Responsibility for Economic and Social Rights

Jernej Letnar Černič

Ethical Sovereign Investors : Sovereign Wealth Funds and Human Rights

Angela Cummine

Sovereign Financing and the Human Rights Responsibilities of Private Creditors

Nicola Jägers

Project Finance and Human Rights

Sheldon Leader

Enhancing the International Monetary Fund's Compliance with Human Rights : The Issue of Accountability

Giuseppe Bianco and Filippo Fontanelli

Extraterritorial Human Rights Violations and Irresponsible Sovereign Financing

Fozia Nazir Lone

Sovereign Debt and Human Rights : The United Nations Approach

Cephas Lumina

Bloody Bucks? : Foreign Finance and Armed Conflicts in Africa

Dan Kuwali

Development, Sovereign Support to Finance and Human Rights : Lessons from India

Surya Deva

Contemporary Lessons from Carter's Incorporation of Human Rights into the Financing of Southern Cone Dictatorships

Robert Bejesky and Juan Pablo Bohoslavsky

Engagement, Divestment or Both? Conflicts and Interactions : The Case of the Norwegian Pension Fund

Andreas Follesdal

Towards Making Blood Money Visible : Lessons Drawn from the Apartheid Litigation

Ingrid Gubbay.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references and index.

ISBN:

9781474201018

1474201016

9781782255901

1782255907

9781474201469

1474201466

OCLC:

1154939710