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Inclusive Environments and Access to Commercial Property
by Adrian TaggThis book presents and examines the challenges and compromises required to deliver inclusivity in the existing commercial-built environment and the socio-economic benefits that could result from successfully delivering it.To illuminate the advantages of an inclusive environment to property owners, investors and service providers, the book covers the history of disability and evolution of the legislation and examines the demographics and types of disability to question the ‘one size’ ‘blanket’ approach that currently exists to providing access. Delving further into the characteristics of the commercial property sectors and individual disability-specific requirements, experienced commercial building surveyor, Adrian Tagg, analyses the contradictions in the existing legislation to establish examples of design compromise or reasonable adjustments. He seeks to contextualise public and commercial attitudes to disability and go further to demystify the term ‘reasonable adjustment’, which is used currently as a tool of compromise in providing access. The aim is to assess disability-specific requirements for access, as well as adopt a simplistic approach to developing access solutions to the existing built environment from a consultancy and user perspective.Ultimately, this publication hopes to promote accessibility and inclusion from the perspective of surveyors, investors and landlords working in commercial property. It is not just targeted at those on undergraduate or post-graduate surveying courses, as well as those early career professionals undertaking their APC or post-graduate qualifications, but also at those owning or delivering goods, services and employment from commercial premises who want to make a difference.
Inclusive Environments and Access to Commercial Property
by Adrian TaggThis book presents and examines the challenges and compromises required to deliver inclusivity in the existing commercial-built environment and the socio-economic benefits that could result from successfully delivering it.To illuminate the advantages of an inclusive environment to property owners, investors and service providers, the book covers the history of disability and evolution of the legislation and examines the demographics and types of disability to question the ‘one size’ ‘blanket’ approach that currently exists to providing access. Delving further into the characteristics of the commercial property sectors and individual disability-specific requirements, experienced commercial building surveyor, Adrian Tagg, analyses the contradictions in the existing legislation to establish examples of design compromise or reasonable adjustments. He seeks to contextualise public and commercial attitudes to disability and go further to demystify the term ‘reasonable adjustment’, which is used currently as a tool of compromise in providing access. The aim is to assess disability-specific requirements for access, as well as adopt a simplistic approach to developing access solutions to the existing built environment from a consultancy and user perspective.Ultimately, this publication hopes to promote accessibility and inclusion from the perspective of surveyors, investors and landlords working in commercial property. It is not just targeted at those on undergraduate or post-graduate surveying courses, as well as those early career professionals undertaking their APC or post-graduate qualifications, but also at those owning or delivering goods, services and employment from commercial premises who want to make a difference.
Inclusive Ethics: Extending Beneficence and Egalitarian Justice
by Ingmar PerssonInclusive Ethics begins from two ideas which are part of our everyday morality, namely that we have a moral reason to benefit or do good to other beings, and that justice requires these benefits to be distributed equally. A morality comprising these two general principles will be exceedingly hard to apply as these principles will have to be balanced against each in an intuitive fashion, but also because the notion of what benefits beings is quite complex, comprising both experiential components of pleasure and successful exercises of autonomy. Ingmar Persson argues that, on philosophical reflection, these ideas turn out to be more far-reaching than we imagine. In particular, the reason to benefit commits us to benefit beings by bringing them into existence. Further, since grounds that are commonly used to justify that some are better off than others - such as their being more deserving or having rights to more - are untenable, justice requires a more extensive equality. The book concludes by reflecting on the problems of getting people to accept a morality which differs markedly from the morality with which they have grown up.
Inclusive Ethics: Extending Beneficence and Egalitarian Justice
by Ingmar PerssonInclusive Ethics begins from two ideas which are part of our everyday morality, namely that we have a moral reason to benefit or do good to other beings, and that justice requires these benefits to be distributed equally. A morality comprising these two general principles will be exceedingly hard to apply as these principles will have to be balanced against each in an intuitive fashion, but also because the notion of what benefits beings is quite complex, comprising both experiential components of pleasure and successful exercises of autonomy. Ingmar Persson argues that, on philosophical reflection, these ideas turn out to be more far-reaching than we imagine. In particular, the reason to benefit commits us to benefit beings by bringing them into existence. Further, since grounds that are commonly used to justify that some are better off than others - such as their being more deserving or having rights to more - are untenable, justice requires a more extensive equality. The book concludes by reflecting on the problems of getting people to accept a morality which differs markedly from the morality with which they have grown up.
Inclusive Governance in South Asia: Parliament, Judiciary and Civil Service
by Nizam AhmedThis edited volume explores the state of inclusive governance in South Asia. It particularly examines the nature and scope of inclusiveness noticed in the parliament and civil service in Bangladesh, India, and Nepal, and the judiciary in Bangladesh. Where previous literature has stressed the need for the inclusion of external stakeholders, this volume highlights the importance of the involvement of internal stakeholders. This includes ‘insiders’ such as opposition members and government backbenchers in parliament and specialists in the civil service. The main emphasis is on identifying the extent to which insiders in different institutions have the scope to participate in the governing process. Furthermore, this volume also seeks to assess the implications of inclusiveness/exclusiveness for democratic governance. By exploring the link between inclusiveness and accountability, its contributors are able to draw out the strengths and weaknesses of the existing mechanisms of accountability, particularly social accountability. This innovative collection will appeal to students and scholars of gender and development studies, public policy and administration, international relations, law and political science.
Inclusive Governance in South Asia: Parliament, Judiciary and Civil Service
by Nizam AhmedThis edited volume explores the state of inclusive governance in South Asia. It particularly examines the nature and scope of inclusiveness noticed in the parliament and civil service in Bangladesh, India, and Nepal, and the judiciary in Bangladesh. Where previous literature has stressed the need for the inclusion of external stakeholders, this volume highlights the importance of the involvement of internal stakeholders. This includes ‘insiders’ such as opposition members and government backbenchers in parliament and specialists in the civil service. The main emphasis is on identifying the extent to which insiders in different institutions have the scope to participate in the governing process. Furthermore, this volume also seeks to assess the implications of inclusiveness/exclusiveness for democratic governance. By exploring the link between inclusiveness and accountability, its contributors are able to draw out the strengths and weaknesses of the existing mechanisms of accountability, particularly social accountability. This innovative collection will appeal to students and scholars of gender and development studies, public policy and administration, international relations, law and political science.
The Inclusive Housing Design Guide
by Habinteg Housing AssociationThe Inclusive Housing Design Guide is a revised and updated edition of the seminal Habinteg Housing Design Guide first published in 2002. The guide provides a brief and advice for all those involved in the design and delivery of Habinteg developments, informing new build technical standards and employers' requirements for accessible homes.This new guide takes into account updated reference standards, specifically addressing M4(2) and M4(3) of UK building regulations. The proposed guide will provide the rationale for, specifications and technical guidance on how to deliver accessible and inclusive housing that is flexible and adaptable to changing needs.With invaluable advice, insights, explanations and illustrations, it is an essential guide on how to deliver housing that is functional, inclusive and meets the changing needs of people of all ages.
The Inclusive Housing Design Guide
by Habinteg Housing AssociationThe Inclusive Housing Design Guide is a revised and updated edition of the seminal Habinteg Housing Design Guide first published in 2002. The guide provides a brief and advice for all those involved in the design and delivery of Habinteg developments, informing new build technical standards and employers' requirements for accessible homes.This new guide takes into account updated reference standards, specifically addressing M4(2) and M4(3) of UK building regulations. The proposed guide will provide the rationale for, specifications and technical guidance on how to deliver accessible and inclusive housing that is flexible and adaptable to changing needs.With invaluable advice, insights, explanations and illustrations, it is an essential guide on how to deliver housing that is functional, inclusive and meets the changing needs of people of all ages.
Inclusive Leadership: A Framework for the Global Era
by Peter A. WuffliThis insightful management book introduces an inspirational new ethics-oriented approach to business and leadership for current and future leaders. It argues that the challenges of today's global era require a new, more holistic and ethical leadership approach than conventional concepts suggest. A framework for the concept of "inclusive leadership" is developed by linking leadership challenges and tasks to the transforming world. Based on over thirty years professional experience in various sectors of society and in both executive and advisory roles in business, the author offers practical suggestions on how to apply inclusive leadership in day-to-day activities. The book also emphasizes how ethics and virtues should influence and shape leadership, a link that is often absent in conventional leadership literature. Building a bridge between theory and practice, this book offers both practical and academic perspectives, with the ideas and concepts illustrated with many real-life examples.
The Inclusive Management Strategy: Engineering Culture Change for Employees with DisAbilities
by Camelia M. Fawzy Brenda ShoreEvery person has the potential to contribute to an organization as long as they have access to the right opportunities and connections, yet it sometimes is all too obvious that the stigma associated with a person’s disability can have a negative impact on their ability to develop healthy work relationships with peers and supervisors. This situation can only be remedied through effective change management, a systematic approach to designing, implementing, and measuring progress on unique culture-change goals. Here Camelia Fawzy and Brenda Shore draw upon more than 40 years of research and practical business experience to support leaders and managers’ efforts in transforming organizations and providing inclusive work opportunities for people with disAbilities (PwDs). What Fawzy and Shore offer is The Inclusive Management™ Strategy (IMS), an innovative approach to evaluating culture-change needs and to designing and implementing change solutions that address unique needs in order to create authentically inclusive social work-environments for PwDs. They address stigmatized differences associated with disabilities that lead to reducing fear, resentment, and anxiety in the organizational climate, ultimately arguing that culture change can only be achieved when most of our employees are engaged in a mind-change process, a conscious effort to change stigmatizing views associated with differences that need to be accommodated. For the practical, implementable plans of action it offers, The Inclusive Management Strategy is a must-read for managers and supervisors involved with policy, decision-making, strategy, and daily accommodations for PwDs.
The Inclusive Management Strategy: Engineering Culture Change for Employees with DisAbilities
by Camelia M. Fawzy Brenda ShoreEvery person has the potential to contribute to an organization as long as they have access to the right opportunities and connections, yet it sometimes is all too obvious that the stigma associated with a person’s disability can have a negative impact on their ability to develop healthy work relationships with peers and supervisors. This situation can only be remedied through effective change management, a systematic approach to designing, implementing, and measuring progress on unique culture-change goals. Here Camelia Fawzy and Brenda Shore draw upon more than 40 years of research and practical business experience to support leaders and managers’ efforts in transforming organizations and providing inclusive work opportunities for people with disAbilities (PwDs). What Fawzy and Shore offer is The Inclusive Management™ Strategy (IMS), an innovative approach to evaluating culture-change needs and to designing and implementing change solutions that address unique needs in order to create authentically inclusive social work-environments for PwDs. They address stigmatized differences associated with disabilities that lead to reducing fear, resentment, and anxiety in the organizational climate, ultimately arguing that culture change can only be achieved when most of our employees are engaged in a mind-change process, a conscious effort to change stigmatizing views associated with differences that need to be accommodated. For the practical, implementable plans of action it offers, The Inclusive Management Strategy is a must-read for managers and supervisors involved with policy, decision-making, strategy, and daily accommodations for PwDs.
Inclusive Sustainability: Harmonising Disability Law and Policy
by Ottavio QuiricoIn light of the third-generation concept of ‘inclusive sustainability’, the volume explores the architecture of global disability governance and its degree of harmonisation. The book integrates socio-cultural, economic, political and legal analyses from an international and comparative perspective. The first part of the volume outlines a tripartite systematisation of disability rights for States and non-state persons. In light of essential economic considerations, the second part explores the relationship between disability and specific fundamental rights and regimes, particularly the rights to life, health, education, work and participation. The third part takes an institutional approach and focuses on the way in which the UN and regional organisations regulate disability (rectius, different ability).
Inclusive University Built Environments: The Impact of Approved Document M for Architects, Designers, and Engineers
by Itab ShuaybThis book investigates the impact of Approved Document M—introduced to address accessibility and usability issues for people with disabilities in newly constructed facilities—on different university buildings in the United Kingdom. A selection of six buildings at the University of Kent, the University of Bath, and the University of Essex, built within the six decades spanning the 1960s through the 2010s, are studied to investigate the impact of the measure on changing building designs to be accessible for all potential users, including people with disabilities. The book dissects specifically the University of Kent case study, delineating benefits of the inclusive design approach. Providing case studies of existing educational buildings and recommendations case studies of existing educational buildings and provides recommendations, the book is ideal for engineers, architects, built environment researcher, designers and standard committees.
The Incoherence of Human Rights in International Law: Absence, Emergence and Limitations (ISSN)
by Louisa Ashley and Nicolette ButlerIncoherence is a term that is all too often associated with the public international law regime. To a great extent, its incoherence is arguably a natural consequence of the fragmented nature of both the development and overall scope of the discipline. Despite significant achievements since the Universal Declaration of Human Rights (1948), a coherent human rights regime that is properly integrated with other branches of public international law is still lacking. This book explores this incoherent approach to human rights, including specific challenges that arise as a result of the creation and regulation of legal relationships between parties (state and non-state) that sit outside of the human rights framework, with a view to considering how it may be remedied. Divided into three parts, the collection provides a critical exploration of various challenges and barriers related to the absence of human rights in some instances, contemporary emergence of rights, and a lack of rights fulfilment in others. These three situations are considered within the wider context of, and difficulties facing, a human rights-based approach to international law. Each of the three parts aligns with one of the three prime responsibilities and duties of states in respect of international human rights: to promote, to protect and to fulfil. The contributions represent different perspectives in international law and human rights and how the global agenda of promoting human rights, the rules-based international order and multilateralism requires further strengthening – the lens of incoherence providing a means to understand particular inconsistencies. Chapters focus upon subjects including international investment law, international financial contracts, the arms trade, indigenous peoples’ rights, rights of peasants, the right to a clean, healthy and sustainable environment, the right to food and transitional justice. Presenting a critical exploration of key contemporary challenges and the implementation of human rights law in different contexts, the collection will be of interest to a wide-ranging audience of international law and international relations scholars and practitioners, and students of law, politics and globalisation across the world.
The Incoherence of Human Rights in International Law: Absence, Emergence and Limitations (ISSN)
Incoherence is a term that is all too often associated with the public international law regime. To a great extent, its incoherence is arguably a natural consequence of the fragmented nature of both the development and overall scope of the discipline. Despite significant achievements since the Universal Declaration of Human Rights (1948), a coherent human rights regime that is properly integrated with other branches of public international law is still lacking. This book explores this incoherent approach to human rights, including specific challenges that arise as a result of the creation and regulation of legal relationships between parties (state and non-state) that sit outside of the human rights framework, with a view to considering how it may be remedied. Divided into three parts, the collection provides a critical exploration of various challenges and barriers related to the absence of human rights in some instances, contemporary emergence of rights, and a lack of rights fulfilment in others. These three situations are considered within the wider context of, and difficulties facing, a human rights-based approach to international law. Each of the three parts aligns with one of the three prime responsibilities and duties of states in respect of international human rights: to promote, to protect and to fulfil. The contributions represent different perspectives in international law and human rights and how the global agenda of promoting human rights, the rules-based international order and multilateralism requires further strengthening – the lens of incoherence providing a means to understand particular inconsistencies. Chapters focus upon subjects including international investment law, international financial contracts, the arms trade, indigenous peoples’ rights, rights of peasants, the right to a clean, healthy and sustainable environment, the right to food and transitional justice. Presenting a critical exploration of key contemporary challenges and the implementation of human rights law in different contexts, the collection will be of interest to a wide-ranging audience of international law and international relations scholars and practitioners, and students of law, politics and globalisation across the world.
Incomparable Values: Analysis, Axiomatics and Applications (Routledge Studies in Ethics and Moral Theory)
by John NoltPeople tend to rank values of all kinds linearly from good to bad, but there is little reason to think that this is reasonable or correct. This book argues, to the contrary, that values are often partially ordered and hence frequently incomparable. Proceeding logically from a small set of axioms, John Nolt examines the great variety of partially ordered value structures, exposing fallacies that arise from overlooking them. He reveals various ways in which incomparability is obscured: using linear indices to summarize partially ordered data, relying on an inadequately defined concept of parity, or conflating incomparability with vagueness. Incomparability can enrich and clarify a range of topics including the paradoxes of Derek Parfit, rational decision theory, and the infinite values of theology. Finally, Nolt shows how to generalize many of the concepts introduced earlier, explores the intricate depths of certain noteworthy partially ordered value structures, and argues for the finitude of value. Incomparable Values will be of interest to scholars and advanced students working in ethics, value theory, rational decision theory, and logic.
Incomparable Values: Analysis, Axiomatics and Applications (Routledge Studies in Ethics and Moral Theory)
by John NoltPeople tend to rank values of all kinds linearly from good to bad, but there is little reason to think that this is reasonable or correct. This book argues, to the contrary, that values are often partially ordered and hence frequently incomparable. Proceeding logically from a small set of axioms, John Nolt examines the great variety of partially ordered value structures, exposing fallacies that arise from overlooking them. He reveals various ways in which incomparability is obscured: using linear indices to summarize partially ordered data, relying on an inadequately defined concept of parity, or conflating incomparability with vagueness. Incomparability can enrich and clarify a range of topics including the paradoxes of Derek Parfit, rational decision theory, and the infinite values of theology. Finally, Nolt shows how to generalize many of the concepts introduced earlier, explores the intricate depths of certain noteworthy partially ordered value structures, and argues for the finitude of value. Incomparable Values will be of interest to scholars and advanced students working in ethics, value theory, rational decision theory, and logic.
Incomplete International Investment Agreements: Problems, Causes and Solutions (Elgar International Investment Law series)
by Tae J. ParkThis timely book is a comprehensive analysis of incomplete International Investment Agreements (IIAs), featuring insights from negotiating experiences in a number of bilateral and multilateral investment treaties. It examines problems, causes, and solutions surrounding this phenomenon by employing incomplete contract theory and opens new avenues in discussing how to correct incomplete IIAs.Throughout the book, the author challenges the fundamental assumption that most IIAs are concluded in a complete manner and emphasizes the importance of accounting for the fact that IIAs are often concluded without significant investment protection articles and are subject to renegotiation. Park applies various interdisciplinary approaches, including incomplete contract theory and development theory, to illustrate how countries easily postpone their treaty negotiations and are willing to renegotiate to remedy incomplete IIAs. Furthermore, he depicts the reality of treaty negotiation in recent years, helping readers to understand how countries are failing to negotiate complete IIAs and how utilizing an economics approach could analyse and resolve this issue.Offering a useful and practical contribution to the discussion on the resolution of incomplete IIAs, this book will be key reading for academics and researchers within the fields of commercial law, international economic law, trade law and international investment law. It is also a must-read book for both government officers and investment treaty lawyers in all countries involved with Free Trade Agreements.
Inconceivable Effects: Ethics through Twentieth-Century German Literature, Thought, and Film (Signale: Modern German Letters, Cultures, and Thought)
by Martin Blumenthal-BarbyIn Inconceivable Effects, Martin Blumenthal-Barby reads theoretical, literary and cinematic works that appear noteworthy for the ethical questions they raise. Via critical analysis of writers and filmmakers whose projects have changed our ways of viewing the modern world—including Hannah Arendt, Franz Kafka, Walter Benjamin, the directors of Germany in Autumn, and Heiner Müller—these essays furnish a cultural base for contemporary discussions of totalitarian domination, lying and politics, the relation between law and body, the relation between law and justice, the question of violence, and our ways of conceptualizing "the human." A consideration of ethics is central to the book, but ethics in a general, philosophical sense is not the primary subject here; instead, Blumenthal-Barby suggests that whatever understanding of the ethical one has is always contingent upon a particular mode of presentation (Darstellung), on particular aesthetic qualities and features of media. Whatever there is to be said about ethics, it is always bound to certain forms of saying, certain ways of telling, certain modes of narration. That modes of presentation differ across genres and media goes without saying; that such differences are intimately linked with the question of the ethical emerges with heightened urgency in this book.
An Inconvenient Death: How the Establishment Covered Up the David Kelly Affair
by Miles GoslettA DAILY TELEGRAPH BOOK OF THE YEAR. 'A compelling, authoritative insight into possibly the most controversial death in Britain this century' The Observer. 'Goslett's like Poirot; he asks questions... Spooky and scary' Evening Standard. 'Masterful... This book made me proud of my trade as a journalist' Daily Mail. 'This searing excavation of the mysterious death of Dr David Kelly is investigative journalism at its best. It is brave, relentless, dazzlingly revealing' Peter Oborne. In March 2003 British forces invaded Iraq after Tony Blair said the country could deploy weapons of mass destruction at 45 minutes' notice. A few months later, government scientist Dr David Kelly was unmasked by Blair's officials as the assumed source of a BBC news report challenging this claim. Within days, Dr Kelly was found dead in a wood near his home. Blair immediately convened the controversial Hutton Inquiry, which concluded Dr Kelly committed suicide. Yet key questions remain: could Dr Kelly really have taken his life in the manner declared? And why did Blair's government derail the coroner's inquest into Dr Kelly's death? In this meticulous account, award-winning journalist Miles Goslett shows why we should be sceptical of the official story of what happened in that desperate summer of 2003.
An Inconvenient Deliberation: The Precautionary Principle's Contribution to the Uncertainties Surrounding Climate Change Liability
by Miriam HaritzThere is increasing evidence to suggest that adaptation to the inevitable is as relevant to climate change policymaking as mitigation efforts. Both mitigation and adaptation, as well as the unavoidable damage occurring both now and that is predicted to occur, all involve costs at the expense of diverse climate change victims. The allocation of responsibilities—implicit in terms of the burden-sharing mechanisms that currently exist in public and private governance—demands recourse under liability law, especially as it has become clear that most companies will only start reducing emissions if verifiable costs of the economic consequences of climate change, including the likelihood of liability, outweigh the costs of taking precautionary measures. This vitally important book asks: Can the precautionary principle make uncertainty judiciable in the context of liability for the consequences of climate change, and, if so, to what extent? Drawing on the full range of pertinent existing literature and case law, the author examines the precautionary principle both in terms of its content and application and in the context of liability law. She analyses the indirect means offered by existing legislation being used by environmental groups and affected individuals before the courts to challenge both companies and regulators as responsible agents of climate change damage. In the process of responding to its fundamental question, the analysis explores such further questions as the following: What is the role of the precautionary principle in resolving uncertainty in scientific risk assessment when faced with inconclusive evidence, and how does it affect decision-making, particularly in the regulatory choices concerning climate change? To this end, what is the concrete content of the precautionary principle? How does liability law generally handle scientific uncertainty? What different types of liability exist, and how are they equipped to handle a climate change liability claim? What type of liability is best suited for precautionary measures or a lack thereof? Can the application of the precautionary principle make a difference to the outcomes of climate change liability claims? In order to draw conclusions concerning the legal uncertainties posed by climate change, the author draws examples from national legislations representative of the various legal systems, as well as from existing treaties. General rules and obligations relevant to climate change liability are examined, and a selection of actual legal cases from around the world concerning climate change, be it actual liability claims or litigation indirectly relevant to a claim, is also presented. As an overview of the different legal challenges created by climate change liability, this book is without peer. The practical meaning and impact of these findings for lawyers (whether corporate or activist), for regulators and policymakers, and for decision-makers in governmental bodies and private companies is immeasurable.
An Inconvenient Genocide: Who Now Remembers the Armenians?
by Geoffrey RobertsonThe most controversial question that is still being asked about the First World War - was there an Armenian genocide? - will come to a head on 24 April 2015, when Armenians worldwide will commemorate its centenary and Turkey will deny that it took place, claiming that the deaths of over half of the Armenian race were justified. This has become a vital international issue. Twenty national parliaments in democratic countries have voted to recognise the genocide, but Britain and the USA continue to equivocate for fear of alienating their NATO ally. Geoffrey Robertson QC condemns this hypocrisy, and in An Inconvenient Genocide he proves beyond reasonable doubt that the horrific events in the Ottoman Empire in 1915 constitute the crime against humanity that is today known as genocide. He explains how democracies can deal with genocide denial without infringing free speech, and makes a major contribution to understanding and preventing this worst of all crimes. His renowned powers of advocacy are on full display as he condemns all those - from Sri Lanka to the Sudan, from Old Anatolia to modern Syria and Iraq - who try to justify the mass murder of children and civilians in the name of military necessity or religious fervour.
Incorporating Rights: Strategies to Advance Corporate Accountability
by Erika GeorgeHuman rights have not been a central concern of corporate law. Corporate actors have not been a central concern of international human rights law. This book examines existing and emerging strategies that could conceivably close a global governance gap that places human rights at risk and puts commercial actors in the position of becoming complicit in human rights abuses or implicated in abuses when conducting business in emerging market economies or other complex environments. Corporate codes of conduct, sustainability reporting, and selected multi-stakeholder initiatives are presented as the building blocks of a system of strengthening "soft law" that could solidify to become binding baseline standards for better business practices. It explains the conditions that have given rise to constructive change as well as those methods and mechanisms with promise for ensuring that business enterprises incorporate human rights considerations into business operations. This book explores how capital and consumer markets could provide an additional or alternative form of enforcement to promote responsible business conduct. It provides comparative accounts of the creation of industry sector specific regulatory instruments and governance institutions arising from allegations of corporate complicity in human rights abuses after conflicts with concerned constituencies and affected communities. It considers market-based strategies to bring business practices into alignment with the responsibility to respect human rights and examines how corporate social responsibility initiatives could close the governance gap and how codes of conduct could come to regulate like real rules. It argues that regulation through information is essential to ensure that corporate conduct will be informed by human rights considerations and that business policies and practices will be implemented consistent with respect for human rights.
Incorporating Rights: Strategies to Advance Corporate Accountability
by Erika GeorgeHuman rights have not been a central concern of corporate law. Corporate actors have not been a central concern of international human rights law. This book examines existing and emerging strategies that could conceivably close a global governance gap that places human rights at risk and puts commercial actors in the position of becoming complicit in human rights abuses or implicated in abuses when conducting business in emerging market economies or other complex environments. Corporate codes of conduct, sustainability reporting, and selected multi-stakeholder initiatives are presented as the building blocks of a system of strengthening "soft law" that could solidify to become binding baseline standards for better business practices. It explains the conditions that have given rise to constructive change as well as those methods and mechanisms with promise for ensuring that business enterprises incorporate human rights considerations into business operations. This book explores how capital and consumer markets could provide an additional or alternative form of enforcement to promote responsible business conduct. It provides comparative accounts of the creation of industry sector specific regulatory instruments and governance institutions arising from allegations of corporate complicity in human rights abuses after conflicts with concerned constituencies and affected communities. It considers market-based strategies to bring business practices into alignment with the responsibility to respect human rights and examines how corporate social responsibility initiatives could close the governance gap and how codes of conduct could come to regulate like real rules. It argues that regulation through information is essential to ensure that corporate conduct will be informed by human rights considerations and that business policies and practices will be implemented consistent with respect for human rights.
Incoterms 2020 Handbook: Effecting Deliveries in Challenging Times (Global Trade Law Series)
by Lauri RailasGlobal Trade Law Series, Volume 57 The internationally accepted trade terms known as Incoterms constitute a key instrument for supply chain management. Although the terms have been used worldwide in contracts of sale for nearly a century, there is surprisingly little practical legal guidance on how to use them properly to avoid mishaps and unnecessary disputes. This book – by an expert who has been active in the formal interpretation, drafting and application of the various versions of the Incoterms since the 1990s – thoroughly explains for sophisticated users the framing and implications of each term in the complex international trade and transport environment where English is the lingua franca. Fully detailing the use of Incoterms® 2020 in contracts of sale, interacting with contracts of transport, insurance, and finance, the author provides in-depth descriptions and analyses of each of the 11 Incoterms® 2020 in the logistical order of a sales transaction, along with practical notes about the use of each term. Issues covered include the following: at which stage of a supply chain the delivery of the goods takes place; when the risk of loss or damage to the goods passes from seller to buyer; how to treat delay from the risk point of view not expressly addressed by Incoterms® 2020; who contracts for or arranges carriage and who procures insurance; role of transport documents and other delivery documents and their electronic equivalents; clearing through customs, licences, authorizations, security clearances, and other formalities; checking, packaging, and marking of the goods; how the costs involved in delivery operations are divided between seller and buyer; delivery implications relating to other parts of the contract of sale; special deliveries with insight into container deliveries, deliveries of large objects, dangerous goods, deliveries including installations, deliveries through pipelines, deliveries of software, intra-group deliveries, courier deliveries and the interface with consumer law; challenges caused by logistic bottlenecks such as those deriving from the COVID-19 pandemic; consequences of delay in delivery; economic sanctions; and use of force majeure and hardship clauses. The presentation is richly supported with many illustrations and charts and numerous case studies. Managers or professionals responsible for sales or procurement or logistics in sale of goods, including transport, freight forwarding, and marine insurance, will greatly benefit from the book’s practical guidance, as will in-house lawyers, accountants, surveyors, and other experts involved in concluding sales contracts or settling disputes in connection with them. Academics and students concerned with commercial subjects will appreciate the author’s detailed and knowledgeable treatment of the subject.