Law, infrastructure, and human rights by Michael B. Likosky PDF

By Michael B. Likosky

From assaults on oil infrastructure in post-war reconstruction Iraq to the laying of gasoline pipelines within the Amazon Rainforest via indigenous neighborhood villages, infrastructure initiatives are websites of severe human rights struggles. Many kingdom and non-state actors have proposed options for dealing with human rights difficulties within the context of particular infrastructure tasks. recommendations were popular for being lofty in precept; although, they've been judged in need of in perform. This booklet analyzes how human rights are dealt with in different contexts after which assesses the feasibility of a standard overseas institutional answer lower than the auspices of the United international locations to the alleged challenge of the shortcoming to translate human rights into perform.

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Private Capital and Infrastructure: Tragic? Useful and Pleasant? ” in M B Likosky, ed, Privatising Development: Transnational Law, Infrastructure and Human Rights (Martinus Nijhoff Leiden 2005) 131, 132. 15 D A Levy “BOT and Public Procurement: A Conceptual Framework” (1996–1997) 7 Indiana International and Comparative Law Review 95, 102. 16 P Guislain, Privatisations (World Bank Washington, DC 1997) 6. 17 On BOTs see D A Levy; S M Levy, Build, Operate, Transfer: Paving the Way for Tomorrow’s Infrastructure (Wiley New York 1996); M B Likosky, The Silicon Empire: Law, Culture and Commerce (Ashgate Aldershot 2005); M B Likosky “Editor’s Introduction: Global Project Finance Law and Human Rights” in M B Likosky, ed, Privatising Development: Transnational Law, Infrastructure and Human Rights (Martinus Nijhoff Leiden 2005) xi; M B Likosky “Mitigating Human Risks Risk in International Infrastructure Projects” (2003) 10(2) Indiana Journal of Global Legal Studies 65; D Wallace “Private Capital and Infrastructure: Tragic?

46 D D Banani “International Arbitration and Project Finance in Developing Countries: Blurring the Public/Private Distinction” (2003) 26 Boston College International and Comparative Law Review 357. 47 R J Daniels and M J Trebilcock “Private Provision of Public Infrastructure: An Organizational Analysis of the Next Privatization Frontier” (1996) 46 University of Toronto Law Journal 375, 378. 48 This argument is developed by Tom Heller and his team at Stanford University Law School. 49 B Esty, Modern Project Finance: A Casebook (John Wiley and Sons, Inc.

39 PPPs are used to carry out commercial activity. The mixing of public and private within a single corporate entity has been a social phenomenon for some time and will continue to be so in the foreseeable future. Over time, PPPs have been the norm in the infrastructure sector and compound companies have been the chosen vehicle for carrying them forward. Although the mixing of public and private law elements in a single corporate enterprise is a hallmark of PPPs, mixing should not be beyond reproach.

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