Boundaries of state, boundaries of rights : human rights, private actors, and positive obligations /
Boundaries of state, boundaries of rights : human rights, private actors, and positive obligations /
edited by Tsvi Kahana, Anat Scolnicov.
- Cambridge, United Kingdom : Cambridge University Press, (c)2016.
- 1 online resource
Includes bibliographies and index.
Cover; Half-title ; Title page ; Copyright information ; Dedication ; Table of contents ; List of contributors ; Introduction ; 1 Our rights, but whose duties? Re-conceptualizing rights in the era of globalization ; Introduction I The evolution of rights in the liberal tradition: why reconsider them? II What are public law rights? ; a) Public law rights are constraints, conceptually and morally oriented to the individual subject ; b) Public law rights articulate important interests C) Public law rights reflect a relational context III Implications of the three-dimensional account of public law rights ; 2 On suffering and societal constitutionalism: At the border of international investment arbitration and human rights ; I Regimes ; II Theorizing borders III Border policing a) Investor grounds ; b) State grounds ; c) On the ground ; d) The text ; e) The record ; 3 Beware: Boundary crossings ; Introduction ; I Global administrative law (GAL) ; II International public authority (IPA) ; III Constitutionalization IV A ''public law'' recipe book V Boundary crossings in international investment: Two recent decisions ; VI Continental Casualty volume Argentina ; VII Enron volume Argentina (Annulment) ; VIII ''Public law'' crossings via international personhood
"This collection of essays draws together innovative scholars to examine the relationship between two legal and political phenomena: the shrinking of the state as a monopoly of power in favour of the expansion of power over individuals in private hands, and the change in the nature of rights. The authors expertly discuss the implications of the changing boundaries of state power, the legal responses to this development, its application to human rights, and re-conceptualizations of public life as obligations are handed over to private hands. This innovative book deals with an important set of problems and offers a fresh perspective of different legal themes in an integrated fashion"--
9781107588943 9781316568576
Human rights--Congresses.
Liability for human rights violations--Congresses.
Privatization--Law and legislation--Congresses.
State action (Civil rights)--Congresses.
Electronic Books.
K3239 / .B686 2016
Includes bibliographies and index.
Cover; Half-title ; Title page ; Copyright information ; Dedication ; Table of contents ; List of contributors ; Introduction ; 1 Our rights, but whose duties? Re-conceptualizing rights in the era of globalization ; Introduction I The evolution of rights in the liberal tradition: why reconsider them? II What are public law rights? ; a) Public law rights are constraints, conceptually and morally oriented to the individual subject ; b) Public law rights articulate important interests C) Public law rights reflect a relational context III Implications of the three-dimensional account of public law rights ; 2 On suffering and societal constitutionalism: At the border of international investment arbitration and human rights ; I Regimes ; II Theorizing borders III Border policing a) Investor grounds ; b) State grounds ; c) On the ground ; d) The text ; e) The record ; 3 Beware: Boundary crossings ; Introduction ; I Global administrative law (GAL) ; II International public authority (IPA) ; III Constitutionalization IV A ''public law'' recipe book V Boundary crossings in international investment: Two recent decisions ; VI Continental Casualty volume Argentina ; VII Enron volume Argentina (Annulment) ; VIII ''Public law'' crossings via international personhood
"This collection of essays draws together innovative scholars to examine the relationship between two legal and political phenomena: the shrinking of the state as a monopoly of power in favour of the expansion of power over individuals in private hands, and the change in the nature of rights. The authors expertly discuss the implications of the changing boundaries of state power, the legal responses to this development, its application to human rights, and re-conceptualizations of public life as obligations are handed over to private hands. This innovative book deals with an important set of problems and offers a fresh perspective of different legal themes in an integrated fashion"--
9781107588943 9781316568576
Human rights--Congresses.
Liability for human rights violations--Congresses.
Privatization--Law and legislation--Congresses.
State action (Civil rights)--Congresses.
Electronic Books.
K3239 / .B686 2016