Olivier De Schutter - Böcker

This Handbook provides the first comprehensive review and synthesis of knowledge and new thinking on how food and food systems can be thought, interpreted and practiced around the old/new paradigms of commons and commoning. The overall aim is to investigate the multiple constraints that occur within and sustain the dominant food and nutrition regime and to explore how it can change when different elements of the current food systems are explored and re-imagined from a commons perspective. The book sparks the debate on food as a commons between and within disciplines, with particular attention to spaces of resistance (food sovereignty, de-growth, open knowledge, transition town, occupations, bottom-up social innovations) and organizational scales (local food, national policies, South–South collaborations, international governance and multi-national agreements). Overall, it shows the consequences of a shift to the alternative paradigm of food as a commons in terms of food, the planet and living beings. Chapters 1 and 24 of this book are freely available as downloadable Open Access PDFs at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

This book presents original research that examines the growth of international investment agreements as a means to attract foreign direct investment (FDI) and considers how this affects the ability of capital-importing countries to pursue their development goals. The hope of countries signing such treaties is that foreign capital will accelerate transfers of technologies, create employment, and benefit the local economy through various types of linkages. But do international investment agreements in fact succeed in attracting foreign direct investment? And if so, are the sovereignty costs involved worth paying? In particular, are these costs such that they risk undermining the very purpose of attracting investors, which is to promote human development in the host country? This book uses both economic and legal analysis to answer these questions that have become central to discussions on the impact of economic globalization on human rights and human development. It explains the dangers of developing countries being tempted to 'signal' their willingness to attract investors by providing far-reaching protections to investors' rights that would annul, or at least seriously diminish, the benefits they have a right to expect from the arrival of FDI. It examines a variety of tools that could be used, by capital-exporting countries and by capital-importing countries alike, to ensure that FDI works for development, and that international investment agreements contribute to that end.This uniquely interdisciplinary study, located at the intersection of development economics, international investment law, and international human rights is written in an accessible language, and should attract the attention of anyone who cares about the role of private investment in supporting the efforts of poor countries to climb up the development ladder.

This book presents original research that examines the growth of international investment agreements as a means to attract foreign direct investment (FDI) and considers how this affects the ability of capital-importing countries to pursue their development goals. The hope of countries signing such treaties is that foreign capital will accelerate transfers of technologies, create employment, and benefit the local economy through various types of linkages. But do international investment agreements in fact succeed in attracting foreign direct investment? And if so, are the sovereignty costs involved worth paying? In particular, are these costs such that they risk undermining the very purpose of attracting investors, which is to promote human development in the host country? This book uses both economic and legal analysis to answer these questions that have become central to discussions on the impact of economic globalization on human rights and human development. It explains the dangers of developing countries being tempted to 'signal' their willingness to attract investors by providing far-reaching protections to investors' rights that would annul, or at least seriously diminish, the benefits they have a right to expect from the arrival of FDI. It examines a variety of tools that could be used, by capital-exporting countries and by capital-importing countries alike, to ensure that FDI works for development, and that international investment agreements contribute to that end.This uniquely interdisciplinary study, located at the intersection of development economics, international investment law, and international human rights is written in an accessible language, and should attract the attention of anyone who cares about the role of private investment in supporting the efforts of poor countries to climb up the development ladder.

'Lucid, calm and compelling – Olivier De Schutter tackles the big questions' Kate Pickett, co-author, The Spirit Level: Why Equality is Better for EveryoneHow do we combat poverty and rising inequality? In our age of impending climate catastrophe, the conventional wisdom around economic growth is no longer fit for purpose; a rising tide sinks all boats.Oliver De Schutter believes that we must fundamentally rethink the fight against poverty. The quest for growth not only clashes with the need to remain within planetary boundaries, but also creates the very social exclusion it is intended to cure: eroding human rights, widening inequality, and modernising poverty without eliminating it.The Poverty of Growth is a clarion call to forge a new path demanding progress that is no longer focused on wealth and profit.

This title offers a selection of those major contributions which have shaped debate in the field of economic, social and cultural rights. The broad range of discussion includes: the nature of economic, social and cultural rights and the ability of courts to protect them; the effectiveness of non-judicial protective mechanisms at both the universal and the domestic level; ways of measuring whether states do enough to 'progressively realize' these rights; the impact of trade and investment liberalization, and of economic globalization generally, on the fulfilment of such rights; and the role of economic, social and cultural rights in development.

This book explores how the State can play a role as an enabler of citizens-led social innovations, to accelerate the shift to sustainable and socially just lifestyles.To meet the twin challenges of environmental degradation and the rise of inequalities, societal transformation is urgent. Most theories of social change focus either on the role of the State, on the magic of the market, or on the power of technological innovation. This book explores instead how local communities, given the freedom to experiment, can design solutions that can have a transformative impact. Change cannot rely only on central ordering by government, nor on corporations suddenly acting as responsible citizens. Societal transformation, at the speed and scope required, also should be based on the reconstitution of social capital, and on new forms of democracy emerging from collective action at the local level. The State matters of course, for the provision of both public services and of social protection, and to discipline the market, but it should also act as an enabler of citizen-led experimentation, and it should set up an institutional apparatus to ensure that collective learning spreads across jurisdictions. Corporations themselves can ensure that society taps the full potential of citizens-led social innovations: they can put their know-how, their access to finance, and their control of logistical chains in the service of such innovations, rather than focusing on shaping consumers’ tastes or even adapting to consumers’ shifting expectations. With this aim in mind, this book provides empirical evidence of how social innovations, typically developed within "niches", initially at a relatively small scale, can have society-wide impacts. It also examines the nature of the activism deployed by social innovators, and the emergence of a "do-it-yourself" form of democracy.This book will appeal to all those interested in driving societal change and social innovation to ensure a sustainable and socially just future for all.

This book explores how the State can play a role as an enabler of citizens-led social innovations, to accelerate the shift to sustainable and socially just lifestyles.To meet the twin challenges of environmental degradation and the rise of inequalities, societal transformation is urgent. Most theories of social change focus either on the role of the State, on the magic of the market, or on the power of technological innovation. This book explores instead how local communities, given the freedom to experiment, can design solutions that can have a transformative impact. Change cannot rely only on central ordering by government, nor on corporations suddenly acting as responsible citizens. Societal transformation, at the speed and scope required, also should be based on the reconstitution of social capital, and on new forms of democracy emerging from collective action at the local level. The State matters of course, for the provision of both public services and of social protection, and to discipline the market, but it should also act as an enabler of citizen-led experimentation, and it should set up an institutional apparatus to ensure that collective learning spreads across jurisdictions. Corporations themselves can ensure that society taps the full potential of citizens-led social innovations: they can put their know-how, their access to finance, and their control of logistical chains in the service of such innovations, rather than focusing on shaping consumers’ tastes or even adapting to consumers’ shifting expectations. With this aim in mind, this book provides empirical evidence of how social innovations, typically developed within "niches", initially at a relatively small scale, can have society-wide impacts. It also examines the nature of the activism deployed by social innovators, and the emergence of a "do-it-yourself" form of democracy.This book will appeal to all those interested in driving societal change and social innovation to ensure a sustainable and socially just future for all.

Recent years have seen a globalization of property rights as the Western conception of property over land has extended across the world. As formerly community-owned land and natural resources are privatized and titling schemes proliferate, Property Rights from Below questions the trend toward treating land as a commodity and explores alternatives to the Western model.As we enter an era of resource scarcity and as competition for land and associated natural resources increases, purchasing power cannot become the sole criterion for land allocation; and the law of supply and demand in increasingly financialized markets cannot become the sole metric through which the value of land is determined. Using a range of examples from around the world, Property Rights from Below demonstrates that alternatives to this model often emerge from social innovations supported by local communities and that there is an urgent need for a broader political imagination when it comes to land governance. This innovative cross-disciplinary perspective on the pressing problems surrounding global property rights will be of interest to academics, students and professionals with an interest in property law, development economics and land governance.

International human rights law has expanded remarkably since the 1990s. It is therefore more important than ever to identify, beyond specific controversies, its deeper structure and the general pattern of evolution. Moreover, it has a logic of its own: though part of international law, it borrows many of its principles from domestic constitutional law. This leading textbook meets both challenges. It has been significantly updated for the new third edition, introducing sections on subjects including business and human rights, amongst other key areas. Features include forty new cases from various jurisdictions or expert bodies, and figures offering visual descriptions of the procedures discussed in the text. The 'questions for discussion' have also been systematically updated. The text retains its student-friendly design, and the features which made the previous editions so engaging and accessible remain. This popular textbook continues to be an essential tool for all students of human rights law.

This Handbook provides the first comprehensive review and synthesis of knowledge and new thinking on how food and food systems can be thought, interpreted and practiced around the old/new paradigms of commons and commoning. The overall aim is to investigate the multiple constraints that occur within and sustain the dominant food and nutrition regime and to explore how it can change when different elements of the current food systems are explored and re-imagined from a commons perspective. The book sparks the debate on food as a commons between and within disciplines, with particular attention to spaces of resistance (food sovereignty, de-growth, open knowledge, transition town, occupations, bottom-up social innovations) and organizational scales (local food, national policies, South–South collaborations, international governance and multi-national agreements). Overall, it shows the consequences of a shift to the alternative paradigm of food as a commons in terms of food, the planet and living beings. Chapters 1 and 24 of this book are freely available as downloadable Open Access PDFs at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Recent years have seen a globalization of property rights as the Western conception of property over land has extended across the world. As formerly community-owned land and natural resources are privatized and titling schemes proliferate, Property Rights from Below questions the trend toward treating land as a commodity and explores alternatives to the Western model.As we enter an era of resource scarcity and as competition for land and associated natural resources increases, purchasing power cannot become the sole criterion for land allocation; and the law of supply and demand in increasingly financialized markets cannot become the sole metric through which the value of land is determined. Using a range of examples from around the world, Property Rights from Below demonstrates that alternatives to this model often emerge from social innovations supported by local communities and that there is an urgent need for a broader political imagination when it comes to land governance. This innovative cross-disciplinary perspective on the pressing problems surrounding global property rights will be of interest to academics, students and professionals with an interest in property law, development economics and land governance.

ePDF and ePUB available Open Access under CC-BY-NC-ND license. The perpetuation of poverty across generations damages lives. It weakens social cohesion and the economy and undermines environmental sustainability. This book examines why poverty is carried on from one generation to the next and what needs to be done to eradicate it.This book draws on a wide variety of sources and academic disciplines (social sciences, economics, law, community development, neuroscience and developmental psychology) along with the lived experience of people in poverty. Challenging the myths and prejudices about poverty that hinder progress, it calls for a comprehensive approach based on ensuring real equality of opportunity for all. It stresses the need to intervene early to combat child poverty and break the vicious cycles that perpetuate poverty and disadvantage.

In the Bretton Woods era, trade liberalization, the improvement of labour rights and working conditions, and the strengthening of environmental policies, were seen as mutually supportive. But is this always true? Can we continue to pretend to protect the rights of workers and to improve environmental protection, particularly through climate change mitigation strategies, within an agenda focused on trade liberalization? Is it credible to pursue trade policies that aim to expand the volumes of trade, without linking such policies to labour and environmental standards, seen as ‘non-trade’ concerns? This book asks these questions, offering a detailed analysis of whether linkage is desirable and legally acceptable under the disciplines of the World Trade Organization (WTO). It concludes that trade can work for sustainable development, but only if we see it as a means for social and environmental progress, including climate change mitigation, and if we avoid fetichizing it as an end to be pursued for its own sake.

In the Bretton Woods era, trade liberalization, the improvement of labour rights and working conditions, and the strengthening of environmental policies, were seen as mutually supportive. But is this always true? Can we continue to pretend to protect the rights of workers and to improve environmental protection, particularly through climate change mitigation strategies, within an agenda focused on trade liberalization? Is it credible to pursue trade policies that aim to expand the volumes of trade, without linking such policies to labour and environmental standards, seen as ‘non-trade’ concerns? This book asks these questions, offering a detailed analysis of whether linkage is desirable and legally acceptable under the disciplines of the World Trade Organization (WTO). It concludes that trade can work for sustainable development, but only if we see it as a means for social and environmental progress, including climate change mitigation, and if we avoid fetichizing it as an end to be pursued for its own sake.

This edited book is the first to reflect on childhood obesity as a global legal challenge. It calls for a thorough commitment to human rights in the face of an ascendant global agri-food industry. The book makes an original contribution to the discussion on obesity as it considers both international economic law and human rights law perspectives on the issue whilst also examining the relationship between these two bodies of international law.After highlighting the importance of a human rights-based approach to obesity prevention, this book discusses the relevance of international economic law to the promotion of healthier food environments. It then examines the potential of international human rights law for more effective regulation of the food industry, arguing for better coordination between UN actors and more systematic reliance on human rights tools, including: the best interests of the child principle, human rights due diligence processes, and the imposition of extraterritorial obligations. The concluding chapter reflects on recurring themes and the added value of a WHO Framework Convention on Obesity Prevention.This book will be of interest to public health scholars, particularly those working on obesity and non-communicable diseases, and those with a broader interest in children's rights, human rights, international trade, investment, consumer or food law and policy. It will also be relevant to policy actors working to improve nutrition and public health globally.

Coherent laws enforced by a central authority are part of the reason why human rights protection works at the national level in Europe. But when it comes to the EU these dimensions are lacking. The present system for protecting fundamental rights emerged on an ad hoc basis, with measures being improvised to respond to particular problems. In the next couple of years, however, this situation is likely to change very significantly. The proposed European Constitution incorporates the EU Charter of Fundamental Rights, and a specialized EU Fundamental Rights Agency is likely to be established. As a result, the situation of the EU will more closely resemble that of its Member States. Fundamental rights will occupy a central role, and coherent and systematic arrangements will be in place to protect rights, using both judicial and non-judicial means. The Fundamental Rights Agency, in particular, has immense potential to ensure effective monitoring of fundamental rights in the EU, and to ensure a unified strategy for their promotion in EU law and policy.This volume is the first to critically examine the proposals put forward by the European Commission in October 2004 on the creation of the EU Fundamental Rights Agency. Leading scholars in the field of European and international human rights law analyse the potential significance of this innovative Agency, and seek to locate it in relation to various other human rights mechanisms, both in the EU's constitutional structure and within Member States. They review the tasks which the Agency could be called upon to perform, and make proposals as to how it can function most effectively. The relationship of EU law to the international law of human rights emerging from both the United Nations and the Council of Europe is examined. The authors also address the challenge of ensuring improved coherence between EU law and the other human rights obligations undertaken by the Member States. Taken together, these contributions address urgent questions facing the EU at a time when the central unifying function of fundamental rights has been recognized but the way forward remains largely uncharted.

This volume offers a systematic overview of the different tools through which the human rights accountability of transnational corporations may be improved. It first examines the responsibility of States in controlling transnational corporations, emphasizing both the limits imposed by the protection of the rights of investors under investment treaties and the potential of the US Alien Tort Claims Act and other similar extra-territorial legislations. It then turns to self-regulation by transnational corporations, through the use of codes of conduct or international framework agreements. It then discusses recent attempts at the global level to improve the human rights accountability of corporations by the direct imposition on corporations of obligations under international law. Finally, it considers the use of public procurement policies or of conditionalities in the lending policies of multilateral lending institutions in order to incentivize TNCs to behave ethically. Altogether, the book offers a rigorous legal analysis of these different developments and critically appraises their potential.

Reflexive governance offers a theoretical framework for understanding modern patterns of governance in the European Union (EU) institutions and elsewhere. It offers a learning-based approach to governance, but one which can better respond to concerns about the democratic deficit and to the fulfillment of the public interest than the currently dominant neo-institutionalist approaches. The book is composed of one general introduction and eight chapters. Chapter one introduces the concept of reflexive governance and describes the overall framework. The following chapters of the book then summarise the implications of reflexive governance in major areas of domestic, EU and global policy-making. They address in turn: Services of General Interest, Corporate Governance, Institutional Frames for Markets, Regulatory Governance, Fundamental Social Rights, Healthcare Services, Global Public Services and Common Goods.While the themes are diverse, the chapters are unified by their attempt to get to the heart of which concepts of governance are dominant in each field, and what their successes and failures have been: reflexive governance then emerges as one possible response to the failures of other governance models currently being relied upon by policy-makers.

The challenge of global hunger is now high on the agenda of governments and international policy-makers. This new work contributes to addressing that challenge, by looking at the obstacles which stand in the way of implementing a right to food in the era of globalisation. The book describes the current situation of global hunger; it considers how it relates both to the development of food systems and to the merger of the food and energy markets; and it explains how the right to food contributes to identifying solutions at the domestic and international levels. The right to food, it argues, can only be realised if governance improves at the domestic level, and if the international environment enables governments to adopt appropriate policies, for which they require a certain policy space. The essays in this book demonstrate that the current regimes of trade, investment and food aid, as well as the development of biofuels production – all of which contribute to define the international context in which states implement such reforms – should be reshaped if national efforts are to be successful. The implication is that extraterritorial human rights obligations of states (their obligations to respect the right to food beyond their national territories, for instance in their food aid, investment or trade policies), as well as the strengthening of global governance of food security (as is currently being attempted with the reform of the Committee on World Food Security in Rome), have a key role to fulfill: domestic reforms will not achieve sustainable results unless the international environment is more enabling of the efforts of governments acting individually. In this reform process, accountability both at the domestic and international level is essential if sustainable progress is to be achieved in combating global hunger.