Boundaries of state, boundaries of rights : human rights, private actors, and positive obligations / edited by Tsvi Kahana, Anat Scolnicov.
2016
K3239.8 .B68 2016 (Map It)
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Details
Title
Boundaries of state, boundaries of rights : human rights, private actors, and positive obligations / edited by Tsvi Kahana, Anat Scolnicov.
Published
Cambridge, United Kingdom : Cambridge University Press, 2016.
Call Number
K3239.8 .B68 2016
ISBN
9781107066502 hardcover
1107066506 hardcover
1107066506 hardcover
Description
x, 330 pages ; 24 cm
System Control No.
(OCoLC)929586571
Summary
"This collection of essays draws together innovative scholars to examine the relationship between two legal and political phenomena: the shrinking of the state as a monopoly of power in favour of the expansion of power over individuals in private hands, and the change in the nature of rights. The authors expertly discuss the implications of the changing boundaries of state power, the legal responses to this development, its application to human rights, and re-conceptualizations of public life as obligations are handed over to private hands. This innovative book deals with an important set of problems and offers a fresh perspective of different legal themes in an integrated fashion"-- Provided by publisher.
Note
Includes papers presented at a conference held in Cambridge, England in 2011.--ECIP Introduction.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Added Author
Table of Contents
List of contributors
ix
Introduction / Anat Scolnicov
1
1.
Our rights, but whose duties? Re-conceptualizing rights in the era of globalization / Jean Thomas
6
2.
On suffering and societal constitutionalism: at the border of international investment arbitration and human rights / David Schneiderman
25
3.
Beware: boundary crossings / Jose E. Alvarez
43
4.
Dialogue and constitutional duty / Mark Tushnet
94
5.
Positive obligations, positive rights, and constitutional amendment / Vicki C. Jackson
109
6.
Privatizing public rights: common law and state action in the United States / Helen Hershkoff
129
7.
Abdications of sovereignty in state action and horizontal effect jurisprudence / Johan Van Der Walt
149
8.
Hybrid state accountability and hybrid rights: positive rights, exclusion, and state action in Canada / Tsvi Kahana
173
9.
Human rights and derivative rights: the European Convention on Human Rights and the rights of corporations / Anat Scolnicov
194
10.
Judicial review and Human Rights Act review in contracted-out public services: options for litigation in English law / A.C.L. Davies
215
11.
Privatization and human rights in the United Kingdom / Stephanie Palmer
233
12.
Principles of public fiduciary administration / Paul B. Miller
251
13.
Human rights indicators and boundaries of accountability and opportunity / Ron Levi
271
Bibliography
290
Index
324