Economic Globalisation and Human Rights: EIUC Studies on Human Rights and Democratization

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Wolfgang Benedek, Koen De Feyter, Fabrizio Marrella
Cambridge University Press, 19 apr. 2007
Economic globalisation is one of the guiding paradigms of the twenty-first century. The challenge it implies for human rights is fundamental, and key questions have up to now received no satisfying answers. How can human rights protect human dignity when economic globalisation has an adverse impact on local living conditions? How should human rights evolve in response to a global economy in which non-statal actors are decisive forces? Economic Globalisation and Human Rights was originally published in 2007, and sets out to assess these and other questions to ensure that, as economic globalisation intensifies, human rights take up the central and crucial position that they deserve. Using a multidisciplinary methodology, leading scholars reflect on issues such as the need for global ethics, the localisation of human rights, the role of human rights in WTO law, and efforts to make international economic organisations more accountable and multinational corporations more socially responsible.

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Cuprins

Economic globalisation and development
29
Democratic global governance and human rights
32
policy they promote The citizens of Europe
34
Towards a Theory of Global Ethics in Support of
39
perception of compatibility between such frameworks of international
51
the typical objection voiced by nonwestern intellectuals that the western
55
of global ethics as outlined above The case illustrates firstly
62
Bibliography
65
Centre for Southern Africa TRALAC the CRC recommendations
198
written recommendation it was difficult to encourage national NGOs to
200
access to medicines amongst other issues164 However if anything is
205
The mandate of the Bretton Woods institutions and the
212
member country and calls on international organisations to do the
218
Calls for having the World Bank and the IMF involved
222
The promotion and protection of human rights in the activities
223
international environmental agreements to which the concerned
231

Localising Human Rights
67
The question of whether network actors are able in practice
84
twenty percent of Aguas Argentinas international debt and of five
89
Globalisation and Social Rights
93
The effects of trade liberalisation on labour law
100
the Social
102
already existing customary norms It is evident that a similar
106
already actionable under Article XXIII49 and the same opinion was
112
fall completely under the Free Trade Agreement It is not
120
Nonetheless the protection of the core labour standards can also
130
The World Trade Organization and Human Rights
137
The comprehensive approach of the UN Charter and its
139
WTO namely that together with the IMF and the WB
142
established which has since developed activities on a similar level
143
Bibliography
166
Making Trade Policies More Accountable and Human
170
and the EU filed a case against the South African
176
The WTO General Council Decision of 30 August 2003 on
178
India and Norway have passed implementing legislation46 the EU47
179
parallel importation of cheaper patented medicines by contractual means
180
the flexibilities reaffirmed by the Doha Declaration Hence if
182
rarely referred to human rights69 or used human rights mechanisms70
183
health This has recently been reaffirmed by the CHR Resolution
186
Using international human rights mechanisms to make trade more
190
rights law Thirdly the project aimed to demonstrate to developing
191
Ecuador
193
trade agreements to ensure that economic social and cultural rights
195
in the USEcuador FTA130 This outcome was used as a
196
UN Commission on Human Rights73 and of the UN General
232
In some of the IMF activities there is an emerging
236
Conclusion
240
Alternative Perspectives on International Responsibility
245
corporations In this chapter I shall examine four different options
248
Individual responsibility of corporate officials
251
provision of adequate resources to provide remedial action to the
254
countrys disregard for international human rights to active complicity
260
Finally this chapter has argued that far from requiring a
265
Human Rights Arbitration and Corporate Social
266
The development of human rights issues in international
268
Thus the European Court of Human Rights ruled against the
275
Due process
276
question which is to be decided by the arbitrators alone
279
parties the applicable code of ethics and in the light
282
This decision must be read in light of the proarbitration
283
their control function within a proper time period Consequently
284
It is clear that human rights rules are part of
285
Codes of Conduct of
290
Regional level
292
At the very minimum codes embodying corporate social
297
Conversely no reference to human rights issues or corporate social
304
curiae briefs similarly to what has already happened in the
305
Nonetheless since both Governments and intergovernmental
306
General Conclusions
311
According to Boisson de Chazournes the experience of the policies
320
INDEX
325

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Pagina 82 - Everyone shall have the right to freedom of thought and expression. This right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of his choice.
Pagina 304 - The Commission may receive petitions addressed to the SecretaryGeneral of the Council of Europe from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in this Convention...
Pagina 162 - Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Pagina 231 - To achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion, and 4 To be a center for harmonizing the actions of nations in the attainment of these common ends.
Pagina 82 - The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in...
Pagina 82 - The exercise of the rights provided for in paragraph 2 of this Article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary : (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals.
Pagina 267 - International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring States, between 1 January and 31 December 1994, SC Res.
Pagina 221 - The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

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