Law, infrastructure, and human rights
From attacks on oil infrastructure in postwar reconstruction Iraq to the laying of gas pipelines in the Amazon rain forest through indigenous community villages, infrastructure projects are sites of intense human rights struggles. Many state and nonstate actors have proposed solutions for handling human rights problems in the context of specific infrastructure projects. Solutions have been admired for being lofty in principle; however, they have been judged wanting in practice. This book analyzes how human rights are handled in varied contexts and then assesses the feasibility of a common international institutional solution under the auspices of the United Nations to the alleged problem of the inability to translate human rights into practice.
Michael B. Likosky teaches in the School of Law at the School of Oriental and African Studies (SOAS), University of London, and is also currently a Global Crystal Eastman Research Fellow in the Hauser Global Law School Program at New York University School of Law. He holds a doctorate from the Law Faculty of Oxford University. Likosky has published several books including The Silicon Empire (2005), Privatising Development (2005), and Transnational Legal Processes (Cambridge University Press 2002). He also has twice contributed to the Oxford Amnesty Lectures (2003, 2006). He has held fellowships at Oxford University, the University of Bonn, and the Center for Media Education. He teaches law and globalization and international economic law.
The Law in Context Series
Editors: William Twining (University College, London) and Christopher McCrudden (Lincoln College, Oxford)
Since 1970 the Law in Context series has been in the forefront of the movement to broaden the study of law. It has been a vehicle for the publication of innovative scholarly books that treat law and legal phenomena critically in their social, political, and economic contexts from a variety of perspectives. The series particularly aims to publish scholarly legal writing that brings fresh perspectives to bear on new and existing areas of law taught in universities. A contextual approach involves treating legal subjects broadly, using materials from other social sciences and from any other discipline that helps to explain the operation in practice of the subject under discussion. It is hoped that this orientation is at once more stimulating and more realistic than the bare exposition of legal rules. The series includes original books that have a different emphasis from traditional legal textbooks, while maintaining the same high standards of scholarship. They are written primarily for undergraduate and graduate students of law and of other disciplines, but most also appeal to a wider readership. In the past, most books in the series have focused on English law, but recent publications include books on European law, globalisation, transnational legal processes, and comparative law.
Books in the Series
Anderson, Schum & Twining: Analysis of Evidence
Ashworth: Sentencing and Criminal Justice
Barton & Douglas: Law and Parenthood
Beecher-Monas: Evaluating Scientific Evidence: An Interdisciplinary Framework for Intellectual Due Process
Bell: French Legal Cultures
Bercusson: European Labour Law
Birkinshaw: European Public Law
Birkinshaw: Freedom of Information: The Law, the Practice and the Ideal
Cane: Atiyah’s Accidents, Compensation and the Law
Clarke & Kohler: Property Law: Commentary and Materials
Collins: The Law of Contract
Davies: Perspectives on Labour Law
Dembour: Who Believes in Human Rights? Reflections on the European Convention
de Sousa Santos: Toward a New Legal Common Sense
Diduck: Law’s Families
Eloworthy & Holder: Environmental Protection: Text and Materials
Fortin: Children’s Rights and the Developing Law
Glover-Thomas: Reconstructing Mental Health Law and Policy
Gobert & Punch: Rethinking Corporate Crime
Harlow & Rawlings: Law and Administration: Text and Materials
Harris: An Introduction to Law
Harris: Remedies, in Contract and Tort
Harvey: Seeking Asylum in the UK: Problems and Prospects
Hervey & McHale: Health Law and the European Union
Lacey & Wells: Reconstructing Criminal Law
Lewis: Choice and the Legal Order: Rising above Politics
Likosky: Transnational Legal Processes
Likosky: Law, Infrastructure, and Human Rights
Maughan & Webb: Lawyering Skills and the Legal Process
McGlynn: Families and the European Union: Law, Politics and Pluralism
Law, Infrastructure, and Human Rights
Michael B. Likosky
School of Oriental and African Studies
University of London
CAMBRIDGE UNIVERSITY PRESS
Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo
Cambridge University Press
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Information on this title: www.cambridge.org/9780521859622
© Michael B. Likosky 2006
This publication is in copyright. Subject to statutory exception
and to the provisions of relevant collective licensing agreements,
no reproduction of any part may take place without
the written permission of Cambridge University Press.
First published 2006
Printed in the United States of America.
A catalog record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
Law, infrastructure, and human rights / Michael B. Likosky.
p. cm. – (Law in context)
Includes bibliographical references and index.
ISBN-13: 978-0-521-85962-2 (hardback)
ISBN-10: 0-521-85962-X (hardback)
ISBN-13: 978-0-521-67688-5 (pbk.)
ISBN-10: 0-521-67688-6 (pbk.)
1. Human rights. 2. International business enterprises – Law and legislation.
3. Non-governmental organizations – Law and legislation. 4. International agencies.
5. Infrastructure (Economics) – Developing countries. I. Title. II. Series.
341.4′8 – dc22 2006001219
ISBN-13 978-0-521-85962-2 hardback
ISBN-10 0-521-85962-X hardback
ISBN-13 978-0-521-67688-5 paperback
ISBN-10 0-521-67688-6 paperback
Cambridge University Press has no responsibility for
the persistence or accuracy of URLs for external or
third-party Internet Web sites referred to in this publication
and does not guarantee that any content on such
Web sites is, or will remain, accurate or appropriate.
|Part 1 Framework|
|2||Transnational public-private partnerships||17|
|3||Human rights risks||43|
|Part 2 Case Studies|
|9||Toward a human rights unit||170|
|Cases and statutes||181|
The underlying research for this book has been generously supported by a grant from the Arts and Humanities Research Council (APN19008) and a grant from the Social Science Faculty of Lancaster University. Chapters were presented at the 2005 World Free Zone Convention meeting; in a Plenary Session of the 2005 Common Core of European Private Law Meeting in Trento; at the 2004 Law and Society Association Conference in Chicago; at the 9th, 10th (in a Masters Class), and 11th Annual Projects International Conferences in Paris; at the University of Bonn; and at the University of Oxford. I am thankful to participants in these events who helped the book along in important ways.
Permission to republish work has been granted by Oxford University Press (Chapter 8), Indiana University Press (Chapter 3), and Martinus Nijhoff (Chapter 5). I am thankful. I also want to express my appreciation to Joy Mooberry for agreeing to allow me to republish what was a coauthored article in Global Jurist as Chapter 8 in this book. I owe her a great debt not only practically, but also intellectually.
Useful insights were offered by Rick Abel, Michael Cernea, Richard Falk, Eleanor Fox, Philip Lawton, Ugo Mattei, Peter Muchlinsiki, Laura Rival, Susan Rose-Ackerman, Richard Scholar, Joanne Scott, David Sugarman, Aurora Voiculescu, and Ngaire Woods, who graciously read parts of the book. I would like to thank John Berger, Senior Editor at Cambridge University Press, for taking such care in seeing this project through its various stages. Thanks are also due to Finola O’Sullivan, Law Publisher, also at Cambridge University Press, for her support. Cath Collins translated Spanish contracts. I am particularly grateful to Upendra Baxi, Richard Buxbaum, Matthew Craven, Yves Dezalay, Richard Falk, Marc Galanter, Bryant Garth, Andrew Harding, Martin Lau, Philip Lawton, Sally Falk Moore, Peter Muchlinski, Saskia Sassen, David Sugarman, and Don Wallace, who provided ongoing support, encouragement, and guidance. In this respect, I’d particularly like to thank William Twining. As with all my endeavors, I must single out Joy Mooberry for her boundless love and support; this book is dedicated to her.