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International Poverty Law

International Poverty Law

Lucy Williams

(2008)

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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