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Vol 23 No 5 May/June 2018

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Making Sovereign Financing and Human Rights Work

Edited by: Juan Pablo Bohoslavsky, Jernej Letnar Cernic

ISBN13: 9781849464383
Published: July 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00
Paperback edition , ISBN13 9781509909247

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Poor public resource management, 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, millennium development goals, global financial architecture, trade, corporations, wealth 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 a concluding 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.

Human Rights and Civil Liberties, Banking and Finance
List of Contributors
Table of Cases
Table of Legislation

1. Placing Human Rights at the Centre of Sovereign Financing
Juan Pablo Bohoslavsky and Jernej Letnar Cernic

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 Cernic

Part III Specific Financial Actors and Instruments, and Novel Approaches
11. Ethical Sovereign Investors: Sovereign Wealth Funds and Human Rights
Angela Cummine
12. Sovereign Financing and the Human Rights Responsibilities of Private Creditors
Nicola Jägers
13. Project Finance and Human Rights
Sheldon Leader
14. Enhancing the International Monetary Fund’s Compliance with Human Rights – The Issue of Accountability
Giuseppe Bianco and Filippo Fontanelli
15. Extraterritorial Human Rights Violations and Irresponsible Sovereign Financing
Fozia Nazir Lone
16. Sovereign Debt and Human Rights: The United Nations Approach
Cephas Lumina

Part IV Case Studies
17. Bloody Bucks? – Foreign Finance and Armed Conflicts in Africa
Dan Kuwali
18. Development, Sovereign Support to Finance and Human Rights: Lessons from India
Surya Deva
19. Contemporary Lessons from Carter’s Incorporation of Human Rights into the Financing of Southern Cone Dictatorships
Robert Bejesky and Juan Pablo Bohoslavsky
20. Engagement, Divestment or Both? Conflicts and Interactions: The Case of the Norwegian Pension Fund
Andreas Follesdal
21. Towards Making Blood Money Visible: Lessons Drawn from the Apartheid Litigation
Ingrid Gubbay