Additional Information
Book Details
Abstract
This book seeks to advance the emerging field of international poverty law. While law and development discourse has dealt with international poverty, advocates of poverty reduction customarily operate within a nation-state context. The contributors to this volume, while largely, although not exclusively, relying on human rights discourse and United Nations, International Labour Organization and World Trade Organization initiatives as their primary legal sources, begin to position international poverty law as a legitimate field for transnational, multidisciplinary legal research and dialogue. While critiquing both legal theory and current policy, they nevertheless open up a constructive prospect of specific arenas in which the development of international poverty law can contribute to addressing poverty reduction.
The opening chapters of this volume provide a framework within which to position the future theoretical development of international poverty law. The rest of the book explores specific human rights initiatives that address particular aspects of poverty. These include an overview of human rights conventions and how they can be connected to international poverty law; measures required to counter the tendency of intellectual property law as applied to biological products and processes to undermine food security; the right to food as framed in United Nations development documents; the potential role that voluntary codes of conduct currently being adopted by some transnational corporations might play in poverty reduction; and the startlingly important development in the new South Africa of an alternative vision of constitutional law that takes account of international human rights instruments in moving towards rendering social and economic rights justifiable.
Lucy Williams is Professor of Law at the Northeastern University School of Law, Boston, USA
Table of Contents
Section Title | Page | Action | Price |
---|---|---|---|
Contents | v | ||
1 | Towards an emerging international poverty law | 1 | ||
International poverty law: theory and methodology | 2 | ||
New directions for international poverty law | 6 | ||
Conclusion | 12 | ||
Notes | 13 | ||
2 | How can human rights contribute to poverty reduction? A philosophical assessment of the Human Development Report 2000 | 14 | ||
Two objections | 16 | ||
Human rights and human development | 20 | ||
Capabilities and rights in HDR 2000 | 21 | ||
Rights-goals or capability-rights | 22 | ||
Justice, virtues and global public goods | 27 | ||
Conclusion | 30 | ||
Notes | 31 | ||
References | 31 | ||
3 | Poverty as a failure of entitlement: do rights-based approaches make sense? | 34 | ||
Human rights as declared rights | 35 | ||
(Non)-implementation of economic, social and cultural rights | 36 | ||
Poverty as entitlement failure | 38 | ||
The rights of the poor: some alternative approaches | 41 | ||
Conclusion | 44 | ||
Notes | 47 | ||
4 | Biodiversity versus biotechnology: an economic and environmental struggle for life | 49 | ||
The impact of IPR laws on poverty in developing countries | 51 | ||
The conflict between CBD and TRIPs | 58 | ||
Developing countries losing control over their PGRs | 61 | ||
Strategies for developing countries to regain control over their plant genetic resources | 67 | ||
Conclusions | 73 | ||
Notes | 74 | ||
References | 83 | ||
Websites | 85 | ||
5 | The right to food: the significance of the United Nations Special Rapporteur | 87 | ||
The work of the UN\r on poverty reduction | 88 | ||
The UN Special Rapporteur on the Right to Food | 94 | ||
The right to food as the basis of an International Poverty Law (IPL) | 97 | ||
Conclusion | 103 | ||
Notes | 104 | ||
6 | South African poverty law: the role and influence of international human rights instruments | 107 | ||
Background on poverty in South Africa\r | 108 | ||
The Constitution of the Republic of South Africa 1996 | 117 | ||
Recommendations to alleviate poverty contained in other recent international documents | 128 | ||
Conclusion | 129 | ||
Notes | 130 | ||
References | 136 | ||
South African court cases | 139 | ||
South African legislation | 140 | ||
International documents | 140 | ||
7 | Child labour in India and the international human rights discourse | 142 | ||
Child labour, illiteracy and poverty in India | 144 | ||
The magnitude of the problem | 149 | ||
The national policy framework of child labour abolition in the pre-internationalization era | 152 | ||
Child labour abolition, human rights and international initiatives | 161 | ||
The social clause, children’s rights discourse and recent developments in the child labour reform agenda | 165 | ||
Towards conclusions | 170 | ||
Notes | 172 | ||
References | 172 | ||
8 | Privatizing human rights? The role of corporate codes of conduct | 176 | ||
Transnational corporations in the global market | 178 | ||
UN positions on poverty and corporate social responsibility | 181 | ||
Codes of conduct and their impact upon human development | 184 | ||
The UN Draft Code of Conduct on Transnational Corporations | 185 | ||
TNCs under the ILO standards | 186 | ||
TNCs under the OECD Guidelines | 189 | ||
Voluntary codes of conduct and the marketplace | 190 | ||
Conclusion | 194 | ||
Notes | 196 | ||
References | 204 | ||
9 | Developing universal anti-poverty regimes: the role of the United Nations | 210 | ||
The role of international organizations in the development of anti-poverty law | 211 | ||
The impact of the United Nations | 214 | ||
Towards international poverty law | 228 | ||
Conclusion | 231 | ||
Notes | 233 | ||
References | 236 | ||
About the contributors | 240 | ||
Index | 244 |