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Making Sovereign Financing and Human Rights Work

Editor(s): Juan Pablo Bohoslavsky, Jernej Letnar Cernic
Media of Making Sovereign Financing and Human Rights Work
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Published: 16-06-2014
Format: Hardback
Edition: 1st
Extent: 390
ISBN: 9781849464383
Imprint: Hart Publishing
RRP : £90.00
 

: 14 -21 days

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Loren Epson

About Making Sovereign Financing and Human Rights Work

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.

Table Of Contents

1 Placing Human Rights at the Centre of Sovereign Financing
Juan Pablo Bohoslavsky and Jernej Letnar ?Cerni?c
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
Juan Pablo Bohoslavsky and Abel Escribà-Folch
3 UN Sanctions that Safeguard, Undermine, or Both, Human Rights
Patricia Pinto Soares
4 The Significance of Human Rights for the Debt of Countries in Transition
Dustin Sharp
5 Establishing Liability for Financial Complicity in International Crimes
Nadia Bernaz
Part II Debt Crises and Social and Economic Rights
6 Human Rights and Sovereign Debt Workouts
Matthias Goldmann
7 A Sovereign Debt Overhang, Human Rights and the MDGs: Legal Problems through an Economist's Lens
Kunibert Raffer
8 Debts and State of Necessity
August Reinisch and Christina Binder
9 Global Financial Architecture and Human Rights
Rosa M Lastra
10 Sovereign Financing and Corporate Responsibility for Economic and Social Rights
Jernej Letnar ?Cerni?c
Part III Specific Financial Actors and Instruments, and Novel Approaches
11 Ethical Sovereign Investors: Sovereign Wealth Funds and Human Rights
Angela Cummine

Reviews

“...this book makes a pleasant read for anyone interested in the intersection of sovreign finance and human rights. Perhaps more importantly, it is a laudable undertaking in terms of its programmatic aspiration to elevate human rights on the priority scale of policy making with regards to sovreign insolvency.” –  Vassilis Paliouras, Journal of International Banking Law

“...the book is highly valuable...[it] is welcome and certainly succeeds in keeping its promise "to contribute to a better understanding of the colossal encounter of sovereign financing and human rights"...” –  Carlo Focarelli, Italian Yearbook of International Law

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