Participation and Democratic Innovation under International Human Rights Law

Participation and Democratic Innovation under International Human Rights Law
Title Participation and Democratic Innovation under International Human Rights Law PDF eBook
Author Nicholas McMurry
Publisher Taylor & Francis
Pages 284
Release 2023-04-28
Genre Law
ISBN 1000864693

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This book explores the human rights principle of participation and the human right to participation. The work presents an argument that international human rights law imposes obligations to enable participation, and demonstrates that it has been interpreted in this way by authoritative bodies. Divided into four parts, Part I provides the historical and theoretical background. Part II presents the argument that a right to participation and a human rights principle of participation exist in international law and Part III argues that human rights law, and the way it has been interpreted, can provide a coherent account of the content of such a right and principle. The conclusions of the book and their implications are explored in Part IV. While there have been several studies of specific forms of participation, such as collective bargaining, this study provides a coherent account of the meaning and application of participation in international human rights law as a whole. The book will be an invaluable resource for academics, researchers, and policy-makers working in the area of international human rights law.

The Incoherence of Human Rights in International Law

The Incoherence of Human Rights in International Law
Title The Incoherence of Human Rights in International Law PDF eBook
Author Louisa Ashley
Publisher Taylor & Francis
Pages 319
Release 2024-09-02
Genre Law
ISBN 1040126278

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Incoherence is a term that is all too often associated with the public international law regime. To a great extent, its incoherence is arguably a natural consequence of the fragmented nature of both the development and overall scope of the discipline. Despite significant achievements since the Universal Declaration of Human Rights (1948), a coherent human rights regime that is properly integrated with other branches of public international law is still lacking. This book explores this incoherent approach to human rights, including specific challenges that arise as a result of the creation and regulation of legal relationships between parties (state and non-state) that sit outside of the human rights framework, with a view to considering how it may be remedied. Divided into three parts, the collection provides a critical exploration of various challenges and barriers related to the absence of human rights in some instances, contemporary emergence of rights, and a lack of rights fulfilment in others. These three situations are considered within the wider context of, and difficulties facing, a human rights-based approach to international law. Each of the three parts aligns with one of the three prime responsibilities and duties of states in respect of international human rights: to promote, to protect and to fulfil. The contributions represent different perspectives in international law and human rights and how the global agenda of promoting human rights, the rules-based international order and multilateralism requires further strengthening – the lens of incoherence providing a means to understand particular inconsistencies. Chapters focus upon subjects including international investment law, international financial contracts, the arms trade, indigenous peoples’ rights, rights of peasants, the right to a clean, healthy and sustainable environment, the right to food and transitional justice. Presenting a critical exploration of key contemporary challenges and the implementation of human rights law in different contexts, the collection will be of interest to a wide-ranging audience of international law and international relations scholars and practitioners, and students of law, politics and globalisation across the world.

Democratic Innovation in the South

Democratic Innovation in the South
Title Democratic Innovation in the South PDF eBook
Author
Publisher
Pages 252
Release 2008
Genre Democratization
ISBN

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Modern Isonomy

Modern Isonomy
Title Modern Isonomy PDF eBook
Author Gerald Stourzh
Publisher University of Chicago Press
Pages 180
Release 2021-12-03
Genre Law
ISBN 022681193X

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"In Modern Isonomy distinguished political theorist Gerald Stourzh develops the idea of "isonomy" or a system of equal rights for all, as an alternative to the concept of "democracy." The ideal for Stourzh is a state, and indeed a world, in which individual rights, including the right to participate in politics equally, are clearly defined, and possessed by all, as the core of a real democratic system. Stourzh begins with ancient Greek thought contrasting isonomy--which is associated with the rule of the many--with oligarchies and monarchies, pursuing the implications of these different forms for the rights accorded to individuals. He moves on through history to discuss the American experiment with the development of representative democracy as well as the French revolution, after which the idea that rights should not be influenced by the status of the individual became the bedrock of a democratic system. But progress on the creation and protection of individual rights for all has been uneven. Democratic systems themselves often limit the scope of rights, particularly rights to participate in the political system. Stourzh brings this learned exploration forward to the discussions of human rights and democracy in the postwar period, with the end of the colonial empires and the fall of fascist dictatorships. He demonstrates how deeply intertwined equal rights for all, under law, as a concept and practice are with the development of democracy. He then explores the challenges to the idea of equal rights posed by economic inequality and the demands of the "security state" and concludes with a discussion of universal human rights which, under his idea of isonomy, will require bodies superior to nation-states to enforce"--

The Participation of States in International Organisations

The Participation of States in International Organisations
Title The Participation of States in International Organisations PDF eBook
Author Alison Judith Duxbury
Publisher
Pages 680
Release 2008
Genre Democracy
ISBN

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Democracy Reinvented

Democracy Reinvented
Title Democracy Reinvented PDF eBook
Author Hollie Russon Gilman
Publisher Brookings Institution Press
Pages 274
Release 2016-01-05
Genre Business & Economics
ISBN 081572683X

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Participatory Budgeting—the experiment in democracy that could redefine how public budgets are decided in the United States. Democracy Reinvented is the first comprehensive academic treatment of participatory budgeting in the United States, situating it within a broader trend of civic technology and innovation. This global phenomenon, which has been called "revolutionary civics in action" by the New York Times, started in Brazil in 1989 but came to America only in 2009. Participatory budgeting empowers citizens to identify community needs, work with elected officials to craft budget proposals, and vote on how to spend public funds. Democracy Reinvented places participatory budgeting within the larger discussion of the health of U.S. democracy and focuses on the enabling political and institutional conditions. Author and former White House policy adviser Hollie Russon Gilman presents theoretical insights, indepth case studies, and interviews to offer a compelling alternative to the current citizen disaffection and mistrust of government. She offers policy recommendations on how to tap online tools and other technological and civic innovations to promote more inclusive governance. While most literature tends to focus on institutional changes without solutions, this book suggests practical ways to empower citizens to become change agents. Reinvesting in Democracy also includes a discussion on the challenges and opportunities that come with using digital tools to re-engage citizens in governance.

The Right to Participation in International Human Rights Law

The Right to Participation in International Human Rights Law
Title The Right to Participation in International Human Rights Law PDF eBook
Author Nancy Rocío Tapias Torrado
Publisher
Pages 114
Release 2005
Genre
ISBN

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