Laura Westra

Globalization, Violence, and World Governance

• Broschiertes Buch

Produktbeschreibung

International law has failed to promote and protect the rights of society in the face of the neoliberal agenda

Produktdetails

• Verlag: Haymarket Books
• Seitenzahl: 240
• Erscheinungstermin: 18. September 2012
• Englisch
• Abmessung: 226mm x 150mm x 15mm
• Gewicht: 363g
• ISBN-13: 9781608462070
• ISBN-10: 1608462072
• Artikelnr.: 34389484

Autorenporträt

Laura Westra, Ph.D. (1982) in Philosophy, University of Toronto, and Ph.D. (2005) in Law, Osgoode Hall Law School, currently teaches environmental law at the University of Windsor. She has published twenty-two monographs and collections on environmental justice and human rights issues and international law, and over 80 articles and chapters.

Inhaltsangabe

Foreword, by Upendra Baxi
Acknowledgments
Introduction
1. Globalization and World Governance: A Preliminary Discussion
Introduction: Understanding the Impact of Globalization
A Preliminary Discussion of the Possibility of a World State
Some Difficulties with "World State Institutions"
Teleology and Causal Explanations: The Better Alternative
From Biological to Social systems?
Complex Systems and the Problem of Surprises
European Citizenship: A Blueprint for Cosmopolitanism? Identity and
Democracy
A World State Reconsidered
2. Globalization as "Plunder", "Exploitation" and "Ecoviolence": A Causal
Analysis
Introduction
Chimni on a Marxist Course for International Law
The "Right to Development"?
Introduction to the History of Development and International Law
Chimni on Sen, Development and International Law
"Exploitation": A Marxist Category?
"Plunder" and Covert Illegality
From Economics to Biological Integrity: The Case for Ecoviolence
State Responsibility for Environmental Harms and its Difficulties
Ecoviolence and the Rsponsibility to Protect
Sovereignty as Responsibility: The Report of the International Commission
on Intervention and State Sovereignty
3. Hazards, Ecoviolence and the Need for World Law
Introduction to the Possibility of New Organizations for Protection from
Collective Hazards
A World Environment Organization: A Better Approach to the Protection of
Collective Human Rights?
Some Preliminary Considerations
UNEO: Another Proposal for Global Environmental Governance
"Employing Public Health for Global Justice"?
Globalization and Public Health: The Disappearance of State Responsibility
in International Law
A "Lawless World" and Global Warming: Environmental Harms and Domestic Law
Water as Danger and the Negative Consequences of Climate Change
The Kivalina Complaint and "Civil Conspiracy Allegations"
Connecticut et al. v. American Electric Power et al.: New Hope in Old
Doctrines
The Parens Patriae Doctrine: An Old Principle and a Novel Application
The Public Trust Doctrine: A Discussion
4. Cosmopolitanism, Collective Rights and Neoliberal Democracy in Conflict
Introduction: Adopt World Governance or Modify Existing Institutions?
State Sovereignty Revisited
Plan Colombia and the Indigenous Peoples of the Colombia-Ecuador Border
Region
A Brief Overview of the Constitutional Protection Available for the
Environment in Colombia and Ecuador
The State and Neoliberal Globalization: Democracy v. Principles and Jus
Cogens Norms
The Limits of Legal Positivism for World Governance
The Content and Limits of Jus Cogens
Attacks on the Human Person
Ecocrimes as Forms of Genocide: A Possible Way to Link Environmental Crimes
and Jus Cogens
Jus Cogens and Erga Omnes Obligations in Defence of the Collective
Current Use of Jus Cogens: Advisory Opinion on Genocide and
Bosnia-Herzegovina v. Yugoslavia
The Reality of International Law v. Cosmopolitanism
5. The Right to Water: Israel v. Palestine (A Case Study)
Introduction
Self-Determination, State-Making and Collective Rights: Israel and
Palestine
The Role of the United Nations and Collective Human Rights
The Influence of the Early History of the United Nations
National Protection and Religious Beliefs: Israeli Policies and the
Palestinians
"National Protection" and the Case of Operation Cast Lead
"Water is a Human Right": International Law v. Policies of Denial
International Law in Palestine and the Implications of the Right to Water
The Politics of "Plunder"
Genocide or Crimes Against Humanity?
Ratner's Approach: Comparing "Evils"
Crimes Against Humanity Reconsidered
Conclusion
6. The United Nations and International Law: Is World Governance the Way
Forward?
Introduction: Globalization and Legal Violence-A Review of Some Problems
Neoliberal Democracies and Human Rights: Neglected Customary Law
Requirements
The Current Responsibility of States for Human Rights
"In Larger Freedom: Towards Development, Security and Human Rights for All"
Aggression and Terrorism in International Law: Violence Beyond Plunder
From 1972 to 2005: Working on an Impossible Definition
The Issues: Terrorism and Collective Rights
Global Governance and the Imposition of "External Constitutions" on States
Global Governance for Collective Security
Fairness in Institutions and the Role of the Security Council
A World State? The Possibility of Global Change in Governance
The European Union: A Model for a World State?
Cosmopolitanism and Global Change: The Need for "Dual Democracy"?
References
Appendix IList of Cases
Appendix IIList of Documents
Index