Globalization and Human Rights: Challenges and Answers from a European Perspective (Ius Gentium: Comparative Perspectives on Law and Justice, 13)

Globalisation turns out to be untenable because it does not guarantee minimum social equity, peace and respect for the environment, and therefore does not guarantee the effective accomplishment of human rights. This book analyzes this issue and raises proposals for a new perspective. The first part describes the __soft threats__ to human rights, derived from the devaluation of the politics and the productive economy with regard to the finance. It entails the concealment of the reality in the shape of exploitation as the tax havens and in the shape of marginalization of the persons with different abilities. The second part include a study of __hard threats__ to human rights and examines two cases of failed states: Afghanistan and Somalia, in which the violence has supplanted the politics and the economy. In view of these situations it is necessary to rethink the force of classic __ius gentium__ and the humanitarian right. The third part presents the European Union as a legal and political space in which conditions of a worthy life are better defended by means of the Primacy of Practical Reason and Social State of Law, and by the requirement of peace as the main rule of international relations. Globalisation Turns Out To Be Untenable Because It Does Not Guarantee Minimum Social Equity, Peace And Respect For The Environment, And Therefore Does Not Guarantee The Effective Accomplishment Of Human Rights. This Book Analyzes This Issue And Raises Proposals For A New Perspective. The First Part Describes The Soft Threats To Human Rights, Derived From The Devaluation Of The Politics And The Productive Economy With Regard To The Finance. It Entails The Concealment Of The Reality In The Shape Of Exploitation As The Tax Havens And In The Shape Of Marginalization Of The Persons With Different Abilities. The Second Part Include A Study Of Hard Threats To Human Rights And Examines Two Cases Of Failed States: Afghanistan And Somalia, In Which The Violence Has Supplanted The Politics And The Economy. In View Of These Situations It Is Necessary To Rethink The Force Of Classic Ius Gentium And The Humanitarian Right. The Third Part Presents The European Union As A Legal And Political Space In Which Conditions Of A Worthy Life Are Better Defended By Means Of The Primacy Of Practical Reason And Social State Of Law, And By The Requirement Of Peace As The Main Rule Of International Relations. Globalisation : From Chrematistic Rest To Humanist Wakefulness / Jesús Ballesteros -- Basic Structure And Tax Havens / Francesco Biondo -- Human Rights And The Inclusive Society / Jorge Cardona Llorens -- Afghanistan : Why Has Violence Replaced Political Power? / Encarnación Fernández Ruiz-gálvez -- Somalia : From The Errors Of Colonialism To The Horrors Of War / Ana-paz Garibo-peyró -- Human Rights And Changes To The International Legal System : Philosophical Reflections On The (difficult) Coexistence Of International Humanitarian Law And International Human Rights Law / Isabel Trujillo -- Europe's Path To Public Reason / Francesco Viola -- The Social State Based On The Rule Of Law In The Europe Of Rights / Ernesto J. Vidal Gil -- Peace As A Priority / Pedro Talavera. Jesús Ballesteros, Encarnación Fernández Ruiz-gálvez, Pedro Talavera, Editors. Includes Bibliographical References And Index. Front Matter....Pages i-xiii Front Matter....Pages 1-1 Globalisation: From Chrematistic Rest to Humanist Wakefulness....Pages 3-26 Basic Structure and Tax Havens....Pages 27-49 Human Rights and the Inclusive Society....Pages 51-72 Front Matter....Pages 73-73 Afghanistan: Why Has Violence Replaced Political Power?....Pages 75-111 Somalia: From the Errors of Colonialism to the Horrors of War....Pages 113-140 Human Rights and Changes to the International Legal System. Philosophical Reflections on the (Difficult) Coexistence of International Humanitarian Law and International Human Rights Law....Pages 141-155 Front Matter....Pages 157-157 Europe’s Path to Public Reason....Pages 159-177 The Social State Based on the Rule of Law in the Europe of Rights....Pages 179-204 Peace as a Priority....Pages 205-239 Back Matter....Pages 241-247