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Human rights were established in law many decades ago and were primarily intended to ensure that citizens could be protected from the absolute authority of the State. However, things are completely different today: first, the power of the state has declined substantially for many reasons, primarily the fact that a great number of functions, formerly performed by the state, have been taken over by private enterprises, who work for their own interest, nor for the public good. Moreover, these enterprises are no controlled either by domestic or by international legal instruments or organizations. The United Nations are nominally responsible for all the people of the world, according to their own Charter, but in this case as well, their authority is undermined by other entries keen to establish their power and to advance their economic interests, while the protection of human rights, of human life and dignity, are not considered. Finally, it is not only the legal infrastructure that has changed substantively, but the classic human rights of long ago are far different from the rights that need to be protected today. Climate change and the ongoing destruction of nature, the presence of land grabs, are now viewed as crimes against humanity, as they represent conditions that did not exist in earlier times. Similarly, the racist disregard for Indigenous Peoples and their rights are increasingly prevalent today. The conditions that exist today, where the threats to human health and life go far beyond what existed at the time human rights were established, such as the pandemic that reigns globally since 2019, has rendered our attempts to recover the respect and protection of human rights, which therefore require a radical reformulation.
Child Law starts with the question "Who is the Child?" In direct contrast to the CRC, which calls for putting the interests of the child first in all policies dealing with children, it appears that the interests of others are the major consideration de facto.
Far from being regulated by them, Corporations have outgrown national borders and the states meant to keep them in check.
Terrorism is usually discussed as the actions of individuals. This book argues that Governments carry out most acts of terrorism.
Laura Westra argues that international and environmental law must place the rights of the collective before those of the individual if we are to protect our common heritage -- the environment, its air, water, and biodiversity -- and ensure humanity's survival.
International law has failed to promote and protect the rights of society in the face of the neoliberal agenda
Climate change and other environmental problems are increasingly leading to the displacement of populations from their homelands, whether through drought, flooding, famine or other causes. This title provides an overview of what defines an ecological refugee and their present legal status.
Despite ever-growing pressures on their lands, environment and way of life through outside factors such as climate change and globalization, the rights of the indigenous populations are not fully recognized in international law. This book demonstrates how their lack of sufficient legal rights leaves indigenous peoples defenceless.
The traditional concept of social justice is being challenged by the notion of a humankind that spans the future generations. This book examines how the rights of the unborn and future generations are handled in common law and under international legal instruments. It covers the arguments over international legal instruments.
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