Boundaries of State, Boundaries of Rights: Human Rights, Private Actors, and Positive Obligations

doi:10.1017/CBO9781107588943

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.

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Contents

Boundaries of State, Boundaries of Rights
pp i-ii
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Boundaries of State, Boundaries of Rights - Title page
pp iii-iii
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Copyright page
pp iv-iv
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Dedication
pp v-vi
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Contents
pp vii-viii
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Contributors
pp ix-x
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Introduction
pp 1-5
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1 - Our rights, but whose duties? Re-conceptualizing rights in the era of globalization
pp 6-24
- By Jean Thomas
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2 - On suffering and societal constitutionalism
pp 25-42
At the border of international investment arbitration and human rights
- By David Schneiderman
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3 - Beware
pp 43-93
Boundary crossings
- By José E. Alvarez
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4 - Dialogue and constitutional duty
pp 94-108
- By Mark Tushnet
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5 - Positive obligations, positive rights, and constitutional amendment
pp 109-128
- By Vicki C. Jackson
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6 - Privatizing public rights
pp 129-148
Common law and state action in the United States
- By Helen Hershkoff
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7 - Abdications of sovereignty in state action and horizontal effect jurisprudence
pp 149-172
- By Johan van der Walt
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8 - Hybrid state accountability and hybrid rights
pp 173-193
Positive rights, exclusion, and state action in Canada
- By Tsvi Kahana
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9 - Human rights and derivative rights
pp 194-214
The European Convention on Human Rights and the rights of corporations
- By Anat Scolnicov
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10 - Judicial review and Human Rights Act review in contracted-out public services
pp 215-232
Options for litigation in English law
- By A.C.L. Davies
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11 - Privatization and human rights in the United Kingdom
pp 233-250
- By Stephanie Palmer
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12 - Principles of public fiduciary administration
pp 251-270
- By Paul B. Miller
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13 - Human rights indicators and boundaries of accountability and opportunity
pp 271-289
- By Megan Dersnah, Ron Levi
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Bibliography
pp 290-323
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Index
pp 324-330
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Boundaries of State, Boundaries of Rights

Human Rights, Private Actors, and Positive Obligations

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Contents

Boundaries of State, Boundaries of Rights
pp i-ii

Boundaries of State, Boundaries of Rights - Title page
pp iii-iii

Copyright page
pp iv-iv

Dedication
pp v-vi

Contents
pp vii-viii

Contributors
pp ix-x

Introduction
pp 1-5

1 - Our rights, but whose duties? Re-conceptualizing rights in the era of globalization
pp 6-24

2 - On suffering and societal constitutionalism
pp 25-42

3 - Beware
pp 43-93

4 - Dialogue and constitutional duty
pp 94-108

5 - Positive obligations, positive rights, and constitutional amendment
pp 109-128

6 - Privatizing public rights
pp 129-148

7 - Abdications of sovereignty in state action and horizontal effect jurisprudence
pp 149-172

8 - Hybrid state accountability and hybrid rights
pp 173-193

9 - Human rights and derivative rights
pp 194-214

10 - Judicial review and Human Rights Act review in contracted-out public services
pp 215-232

11 - Privatization and human rights in the United Kingdom
pp 233-250

12 - Principles of public fiduciary administration
pp 251-270

13 - Human rights indicators and boundaries of accountability and opportunity
pp 271-289

Bibliography
pp 290-323

Index
pp 324-330

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Boundaries of State, Boundaries of Rights

Human Rights, Private Actors, and Positive Obligations

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