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Healthcare Decision-Making and the Law
This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.
The Holocaust, Corporations, and the Law
An important examination of multinational corporations' accountability in the era of globalization and the long shadow of the Holocaust
The EU Charter of Fundamental Rights
This book assesses the impact of the EU Charter of Fundamental Rights from four key perspectives. First, it posits the Charter within the framework of the ongoing debate on EU Constitutionalism, the proper parameters of Union and Member State power, and investigates the role of "rights" discourse in crafting the contours of a European patriotism. Second, it examines the effect of the Charter on a range of substantive areas of EU regulation, ranging from foundational and fundamental areas such as the economic freedoms, to fields of competence lying at the fringe of Community regulation. This is intended to provide a flavour of how the Charter might seep in to the process of substantive law ma...
Restoring Voice to People with Cognitive Disabilities
This book provides a ground-breaking discussion of the human right to make decisions in our own lives.
The Doctrine of Odious Debt in International Law
This book outlines how odious debts are not legally binding under international or domestic law, contrary to widely held legal opinion.
Transitional Justice and Corporate Accountability from Below
Examines when, where, why, and how corporate accountability for past human rights violations in armed conflicts and authoritarian regimes is possible.
Corporate Social Responsibility, Human Rights and the Law
Corporate Social Responsibility, Human Rights and the Law examines the responsibilities of business enterprises for human rights from a legal perspective. It analyses the legal status of the ‘corporate responsibility to respect human rights’ as articulated by the United Nations Guiding Principles on Business and Human Rights (UNGPs). This concept currently reflects an international consensus and is promoted by the UN. The book contemplates the various founding perspectives of the UNGPs, and how the integration of notions such as ‘principled pragmatism’ and ‘polycentric governance’ within its framework provides insights into the future course of law and policy, compliance, and cor...
Free Expression and Democracy
An examination of differences in how the world's democracies address a variety of issues involving free expression.
Human Rights and Capitalism
Human Rights and Capitalism brings together two important facets of the globalization 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.
