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Global Governance, Human Rights and International Law: Combating the Tragic Flaw

Global Governance, Human Rights and International Law

Combating the Tragic Flaw
 
Edition number: 2, New edition
Publisher: Routledge
Date of Publication:
 
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Product details:
ISBN13:9780367463274
ISBN10:036746327X
Binding:Hardback
No. of pages:302 pages
Size:234x156 mm
Weight:453 g
Language:English
618
Category:
Short description:

This second edition of the book is a unique introduction to the links between different areas of global governance, human rights and the global economy.

Long description:
This 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.
Table of Contents:

 


CHAPTER 1



?




  1. Combating the tragic flaw in the UN




    1. The contested history of sovereignty and the promise of the Atlantic Charter



    2. Birth of the United Nations: One step forward, two steps back



    3. The evolution of the International Bill of Rights: rekindling the age of hope



    4. U.N. legal standard-setting in human rights: more law, but less moral force



    5. Genocide, the Cold War and complicity: the age of hypocrisy



    6. The regional human rights regime in Europe: is the wait for justice over for Europe and


      7. is it a model for the rest of the world?



    7. The regional human rights system in the Americas



    8. Human rights regional mechanisms in the Asia-Pacific regions



    9. The African human rights system



    10. After the Cold War: the era of television wars, genocides and virtual guilt



    11. The Kosovo crisis, universal jurisdiction and the International Criminal Court:


      12. turning points in the hold of the tragic flaw?



    12. Universal jurisdiction; a success or failure in reducing the hold of the tragic flaw?



    13. The International Criminal Court; sovereign powers uniting in the fight against


      14. impunity for the most serious international crimes.



    14. The responsibility to protect and the protection of civilians; the new normative


      15. core of sovereignty as the legitimate exercise of power?



    15. Conclusion: A Hegelian dialectic on the road to global justice and human right?



    16. The "war on terror" and a re-invigorated tragic flaw



    ?


    ?



  2. Seeking justice in global trade and economy


    3. 2.1 The evolution of the world trade regime; another area of global governance, another


    tragic flaw.


    2.2 Who and what killed the Doha Development Round?


    2.3 The global trade regime; can it assist in promoting human rights and justice for the


    global labour force?


    2.3.1 Debating the duty to promote justice and fairness for the global labour force


    between the WTO and the ILO


    2.3.2 The ILO attempts to strengthen justice and fairness for the global labour force


    2.3.3 Searching for the original vision of justice and human rights for global labour in


    the ITO; Can labour standards provisions in bilateral free trade agreements play


    a part?


    2.4 In the long term do we survive? Trading off the environment.


    2.5. Conclusion: solving the democratic deficit: a critical part of the long term


    solution


    2.6 The evolution and failures of the global financial system: a growing tragic flaw that


    undermines fundamental principles of justice and human rights


    2.6.1 The Bretton Woods System: the global financial system counterpart of the


    Atlantic Charter


    2.6.2 The financial tragic flaw undermines the Bretton Woods vision


    2.6.3 The tragic flaws in the Bretton Woods system triggers recurrent global financial


    crises and the urgent reforms to combat the tragic flaws


    2.7. Conclusion: massive winners that thrive on the tragic flaws drive massive inequality


    and instability in the global trade and financial systems



    ?


    ?


    ?



  3. Corporate power and human rights




    1. The transformation of global economic power: in search of power with


responsibility.


3.2 Case studies where corporate power is exercised without responsibility


3.2.1 Corruption


3.2.2 The health and safety of local communities: Bophal almost half a century later as a case


study.


3.2.3 The environmental impact of corporate activities: The failed $9.5 billion claim for damages


against Texaco/Chevron for environmental damage in Ecuador


3.2.4 The human rights impact of global private sector activities; a case study of Shell in Nigeria


3.3 The abuse of corporate Power: a direct or indirect role for


international law?


3.4 Moving from the absence of hard law to soft law: the Ruggie Framework


3.4.1 The state?s duty to protect


3.4.2 The corporate responsibility to respect


3.4.3 Access to an effective remedy


3.5 Human rights and corporate social responsibility in the global economy


3.5.1 Corporate codes


3.5.2 Sectorial and industry-wide initiatives (involving coalitions from civil society, states and the


private sector)


3.5.3 Multi-stakeholder transnational Initiatives


3.5.4 Global guidelines, standards and initiatives for corporate social responsibilities


3.5.5 Initiatives by multilateral organizations


3.6 The international legal duties of corporate officials and the global MNEs.


3.7. Conclusion; The MNE as the main beneficiary of globalization and global governance: why


the gap between power and responsibility must be bridged



?


4. The foundations of global pluralism as the next stage of global governance