Human Rights and Capitalism


Human Rights and Capitalism

A Multidisciplinary Perspective on Globalisation

9781845422684 Edward Elgar Publishing
Edited by Janet Dine, Professor of International Economic and Development Law, Centre for Commercial Law Studies, Queen Mary University of London, UK and Andrew Fagan, Deputy Director, Human Rights Centre, University of Essex, UK
Publication Date: 2006 ISBN: 978 1 84542 268 4 Extent: 400 pp
Human Rights and Capitalism brings together two important facets of the globalisation debate and examines the complex relationship between human rights, property rights and capitalist economies.

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Human Rights and Capitalism brings together two important facets of the globalisation debate and examines the complex relationship between human rights, property rights and capitalist economies.

Human rights issues have become increasingly important in this debate and their place as harbingers of justice or as an instrument of oppression is fiercely contended. Both sides of this issue are considered in the contributions to this book and the complex relationships between human rights, human dignity and capitalist economies are the themes running throughout the work. Appearing at a time when these issues are a subject of extreme controversy, this book is distinguished by its balanced and academic approach. In three sections, the work first of all deals with theoretical and philosophical issues, exploring tensions between capitalism and human rights. The second section considers more specific problems relating to the trading regime, which have significant impacts on human rights, and the final section considers human rights and capitalism in a South American context.

This is an interdisciplinary exploration of the tensions which occur in the modern globalised trading regime between capitalism and the attainment of universal human rights. It will be of interest to scholars interested in the globalisation debate, as well as economists, lawyers, philosophers and political scientists.
Contributors: S. Anderman, ’G. Bamodu, M. Blecher, F. Brennan, J. Dine, A. Fagan, M. Freeman, P. Hunt, R. Kariyawasam, T. Landman, S. Leader, S. Michalowski, T. Sorell, S. Walker
Part I: Conceptual Debates
1. Beyond Capitalism and Socialism
Michael Freeman
2. Inflating Consent, Inflating Function, and Inserting Human Rights
Sheldon Leader
3. Using Companies to Oppress the Poor
Janet Dine
4. Law in Movement: Paradoxontology, Law and Social Movements
Michael Blecher
5. Buying Right: Consuming Ethically and Human Rights
Andrew Fagan
Part II: Secific Issues
6. Managing Globalisation: UK Initiatives and a Nigerian Perspective
’Gbenga Bamodu
7. TRIPS and Bilateralism: Technology Transfer in a Development Perspective
Steve Anderman and Rohan Kariyawasam
8. Jekyll and Hyde and Equation 5: Enforcing the Right to Development through Economic Law
Rohan Kariyawasam
9. WTO Member States and the Right to Health
Paul Hunt and Simon Walker
10. Time for a Change: Reforming WTO Trading Rules to Take Account of Reparations
Fernne Brennan
11. The UN Norms
Tom Sorell
Part III: Focus on South America
12. Repayment of Sovereign Debts from a Legal Perspective: The Example of Argentina
Sabine Michalowski
13. Development, Democracy and Human Rights in Latin America, 1976–2000
Todd Landman
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