Sheldon Leader

Global project finance, human rights and sustainable development

Part I. The Framework: 1. An introduction to the issues Sheldon Leader 2. The linkages between project finance and sustainable development Annie Dufey and Maryanne Grieg-Gran 3. Project finance and the relevant human rights Ozgur Can Kahale 4. Applying international environmental principles within project-financed transnational investment agreements David M. Ong Part II. Special Topics: 5. Risk management, project finance, and rights-based development Sheldon Leader 6. Freezing the balancing act?: Project finance, legal tools to manage regulatory risk, and sustainable development Lorenzo Cotula 7. Human rights impact assessments and project finance Tamara Wiher 8. Project finance investments and political risk: an empirical investigation Claudia Girardone and Stuart Snaith 9. Insurance as a risk management tool: a mitigator or an aggravant? Rasmiya Kazimova 10. Irreparable damages, project finance and access to remedies by third parties Judith Schonsteiner Part III. Case Studies: 11. The implications of the Chad-Cameroon and Sakhalin transnational investment agreements for the application of international environmental principles David M. Ong 12. The human rights and sustainable development implications of the project finance arrangements for the Baku-Tbilisi-Ceyhan (BTC) pipeline project Annie Dufey with contribution from Rasmiya Kazimova 13. The Orion and CMB pulp plants in Uruguay Annie Dufey with contribution from Diana Morales 14. The Newmont and Anglogold mining projects Nii Ashie Kotey and Poku Adusei 15. Overview and recommendations Sheldon Leader and Rasmiya Kazimova.

Three Faces of Justice and the Management of Change

The apparatus of legal principles we use has, far more than we realize, transformed the way we think about the control of private power in the name of social justice. The actual sort of equity that the legal and political system is searching for is not reflected in our major political theories, nor indeed in the official rhetoric of many such systems themselves. The reason for this mismatch has to do with the need to accomodate change - a space opened by the law and unacknowledged by theory. This article sets out the current theoretical frameworks within which the regulation of private power is analyzed, and it contrasts these with a different approach to the problem of justice at work in employment and corporate law that does not find its way into theory. Once that approach is given a formulation, its place within a larger theory of justice is proposed, and its wider implications for the relationship between state and civil society are investigated.

Toleration without Liberal Foundations

The authors aim is to find principles grounding and limiting toleration that are sufficiently sensitive to the variety of distinct settings in which concrete problems arise, and to produce principles which can appeal both to liberals and to non-liberals. The range of settings is covered by fixing the nature of three distinct species of the genus right to toleration. Once these rights are analysed, an attempt is made to see what agreement about them can be reached by liberals and non-liberals if they have a common commitment to democracy. A definition of democracy is produced that, it is argued, liberals and non-liberals would have difficulty rejecting. It is then explored as a definition that has definite consequences over the three rights to toleration, putting the opponents before a choice: either to accept their preferred content for the right to toleration, or to support a democratic policy.

Supply Chain Liability: Pushing the Boundaries of the Common Law?

Abstract On 29 August 2016, in a claim by Pakistani survivors and legal heirs against German retailer KiK for injuries and deaths during a fire at a factory supplying jeans in Karachi, German judges accepted jurisdiction and granted legal aid to the Pakistani claimants to cover the legal fees. The case pending before the German court thus poses the question of supply chain liability. Taking the lawsuit by the Pakistani plaintiffs against KiK in Germany as a case study, this article provides an analysis of the available legal grounds for such liability. Economic changes have ushered in linkages between purchasers and suppliers that call for strong principles of liability – principles that are already embedded in the law but which need fresh articulation and application. English courts have only recently recognised that under certain circumstances, liability might attach to a parent company under the tort of negligence for damage to third parties ostensibly caused by its subsidiary. The KiK case is testing the extension of such liability to certain supply chain relationships. Beyond that, the case is also testing the application of the rules on non-delegable duties and vicarious liability in the supply chain context. Even if the court disagrees with the claimants’ position, the novel arguments advanced in this case are likely to be the starting point for an important debate about the proper fit between traditional tort law and the fast changing commercial and employment relationships of the 21st century.

Global Project Finance, Human Rights and Sustainable Development: Case studies

Part I. The Framework: 1. An introduction to the issues Sheldon Leader 2. The linkages between project finance and sustainable development Annie Dufey and Maryanne Grieg-Gran 3. Project finance and the relevant human rights Ozgur Can Kahale 4. Applying international environmental principles within project-financed transnational investment agreements David M. Ong Part II. Special Topics: 5. Risk management, project finance, and rights-based development Sheldon Leader 6. Freezing the balancing act?: Project finance, legal tools to manage regulatory risk, and sustainable development Lorenzo Cotula 7. Human rights impact assessments and project finance Tamara Wiher 8. Project finance investments and political risk: an empirical investigation Claudia Girardone and Stuart Snaith 9. Insurance as a risk management tool: a mitigator or an aggravant? Rasmiya Kazimova 10. Irreparable damages, project finance and access to remedies by third parties Judith Schonsteiner Part III. Case Studies: 11. The implications of the Chad-Cameroon and Sakhalin transnational investment agreements for the application of international environmental principles David M. Ong 12. The human rights and sustainable development implications of the project finance arrangements for the Baku-Tbilisi-Ceyhan (BTC) pipeline project Annie Dufey with contribution from Rasmiya Kazimova 13. The Orion and CMB pulp plants in Uruguay Annie Dufey with contribution from Diana Morales 14. The Newmont and Anglogold mining projects Nii Ashie Kotey and Poku Adusei 15. Overview and recommendations Sheldon Leader and Rasmiya Kazimova.

Global Project Finance, Human Rights and Sustainable Development: The framework

Part I. The Framework: 1. An introduction to the issues Sheldon Leader 2. The linkages between project finance and sustainable development Annie Dufey and Maryanne Grieg-Gran 3. Project finance and the relevant human rights Ozgur Can Kahale 4. Applying international environmental principles within project-financed transnational investment agreements David M. Ong Part II. Special Topics: 5. Risk management, project finance, and rights-based development Sheldon Leader 6. Freezing the balancing act?: Project finance, legal tools to manage regulatory risk, and sustainable development Lorenzo Cotula 7. Human rights impact assessments and project finance Tamara Wiher 8. Project finance investments and political risk: an empirical investigation Claudia Girardone and Stuart Snaith 9. Insurance as a risk management tool: a mitigator or an aggravant? Rasmiya Kazimova 10. Irreparable damages, project finance and access to remedies by third parties Judith Schonsteiner Part III. Case Studies: 11. The implications of the Chad-Cameroon and Sakhalin transnational investment agreements for the application of international environmental principles David M. Ong 12. The human rights and sustainable development implications of the project finance arrangements for the Baku-Tbilisi-Ceyhan (BTC) pipeline project Annie Dufey with contribution from Rasmiya Kazimova 13. The Orion and CMB pulp plants in Uruguay Annie Dufey with contribution from Diana Morales 14. The Newmont and Anglogold mining projects Nii Ashie Kotey and Poku Adusei 15. Overview and recommendations Sheldon Leader and Rasmiya Kazimova.

Global Project Finance, Human Rights and Sustainable Development: Special topics

Part I. The Framework: 1. An introduction to the issues Sheldon Leader 2. The linkages between project finance and sustainable development Annie Dufey and Maryanne Grieg-Gran 3. Project finance and the relevant human rights Ozgur Can Kahale 4. Applying international environmental principles within project-financed transnational investment agreements David M. Ong Part II. Special Topics: 5. Risk management, project finance, and rights-based development Sheldon Leader 6. Freezing the balancing act?: Project finance, legal tools to manage regulatory risk, and sustainable development Lorenzo Cotula 7. Human rights impact assessments and project finance Tamara Wiher 8. Project finance investments and political risk: an empirical investigation Claudia Girardone and Stuart Snaith 9. Insurance as a risk management tool: a mitigator or an aggravant? Rasmiya Kazimova 10. Irreparable damages, project finance and access to remedies by third parties Judith Schonsteiner Part III. Case Studies: 11. The implications of the Chad-Cameroon and Sakhalin transnational investment agreements for the application of international environmental principles David M. Ong 12. The human rights and sustainable development implications of the project finance arrangements for the Baku-Tbilisi-Ceyhan (BTC) pipeline project Annie Dufey with contribution from Rasmiya Kazimova 13. The Orion and CMB pulp plants in Uruguay Annie Dufey with contribution from Diana Morales 14. The Newmont and Anglogold mining projects Nii Ashie Kotey and Poku Adusei 15. Overview and recommendations Sheldon Leader and Rasmiya Kazimova.

Trade and Human Rights II

What difference do human rights potentiallymake to the logic and practice of international trade; and—running in the opposite direction—what difference does trade make to the way in which human rights are understood and deployed? The importance of these questions is highlighted by the fact that, as one authority has recently observed, the relationship between these two domains “. . . is one of the central issues confronting international lawyers at the beginning of the twenty-first century.”1 The challenge, of course, reaches well beyond lawyers to all of those individuals and institutions ultimately responsible for pulling these two domains into a viable relationship.