Making Sovereign Financing and Human Rights Work

Juan Pablo Bohoslavsky, Jernej Letnar Cernic, Juan Pablo Bohoslavsky, Jernej Letnar Cernic

• Publisher: Hart Publishing
• Year: 2014
• Print ISBN: 9781509909247
• eBook ISBN: 9781782253945
• Edition: 1
• Topic: Law
• Subtopic: International Law
• Index: Law

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

• Cover
• Title Page
• Dedication
• Foreword
• Contents
• List of Contributors
• Table of Cases
• Table of Legislation
• 1 Placing Human Rights at the Centre of Sovereign Financing
• Part I Debt and Gross Violations of Political and Civil Rights
• Part II Debt Crises and Social and Economic Rights
• Part III Specific Financial Actors and Instruments, and Novel Approaches
• Part IV Case Studies
• Acknowledgements
• eCopyright