The Ombudsman, Good Governance and the International Human Rights System


Book Description

This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs). Chapters address: ombuds institutions as mechanisms to strengthen democratic, horizontal and vertical accountability, the rule of law and good governance; national human rights ombuds institutions as NHRIs; the investigatory, litigation, promotional and other powers of human rights and classic-based ombuds and their methods for applying international and domestic human rights law; ombuds institutions and the protection and promotion of international children's rights; national human rights ombuds additional mandates as OPCAT national preventive mechanisms, UN Convention on the Rights of Persons with Disabilities Article 33(2) framework mechanisms and EU national equality bodies; human rights ombuds and business and human rights; ombuds institutions, gender and women's rights; the European Ombudsman and human rights; national human rights ombuds and other ombuds models by region, accompanied by case studies on national human rights ombuds; and the legal and extra-legal factors affecting ombuds institutional effectiveness.







Consumer Financial Dispute Resolution in a Comparative Context


Book Description

Shahla F. Ali presents comparative empirical research about the design of consumer financial dispute resolution mechanisms in Asia, America and Europe.




The Model Ombudsman


Book Description

One increasingly popular device for achieving a balance between authority and accountability in government is the institution of the ombudsman. The first non-Scandinavian ombudsman appeared in New Zealand in 1962, and since then the office has spread to many countries and been adopted at different levels of government. This book—the first intensive study of New Zealand's "model" ombudsman- seeks to understand the process by which the institution was successfully adapted and made a part of New Zealand's political system. The author's inquiry is based on eighteen months of field experience in New Zealand. His book examines the complaints, the clients, their interaction with the ombudsman, his relations with the bureaucracy, and his effectiveness. His relations with various publics-bureaucrats, Honorable Members, and Queen's Ministers receive special attention. Originally published in 1977. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.




The Struggle for Accountability


Book Description

After a history of funding environmentally costly megaprojects, the World Bank now claims that it is trying to become a leading force for sustainable development. For more than a decade, nongovernmental organizations (NGOs) and grassroots movements have formed transnational coalitions to reform the World Bank and the governments that it funds. The Struggle for Accountability assesses the efforts of these groups to make the World Bank more publicly accountable. The book is organized into four parts. Part I describes the NGOs and grassroots movements that are the book's central focus. Part II presents case studies of four projects that provoked the emergence of transnational advocacy coalitions: Indonesia's Kedung Ombo dam, the Mt. Apo geothermal plant in the Philippines, Brazil's Planaforo Amazon development project, and the remarkable campaign of Ecuador's indigenous people to influence national economic policy that led to their participation in the design of a development loan. Part III looks at the origins and politics of reform in four areas of broader World Bank policy: the rights of indigenous peoples, involuntary resettlement, water resources, and the World Bank's institutional reforms that are supposed to encourage public accountability. In the last section, the editors discuss issues of accountability within transnational coalitions and assess the impact of advocacy campaigns on World Bank projects and policies. Contributors L. David Brown, Jane G. Covey, Jonathan A. Fox, Andrew Gray, Margaret E. Keck, Deborah Moore, Antoinette Royo, Augustinus Rumansara, Leonard Sklar, Kay Treakle, Lori Udall, David A. Wirth.




A Handbook of Dispute Resolution


Book Description

A Handbook of Dispute Resolution examines the theoretical and practical developments that are transforming the practice of lawyers and other professionals engaged in settling disputes, grievance-handling and litigation. The book explains what distinguishes ADR from other forms of dispute resolution and examines the role ADR can play in a range of contexts where litigation would once have been the only option, such as family law and company law. In some areas, like industrial relations, ADR is not an alternative, but the main method of conflict-intervention, and several contributors draw on their experience of negotiating between management and unions. A wide variety of methods is open to the non-litigious, including resort to Ombudsmen, negotiation, small claims courts and mini-trials; these and other options receive detailed attention. Given the newness of ADR as a discipline, questions about the training of mediators and about the role of central government have not yet been resolved. The final section of the book is devoted to discussion of these issues. Case studies are drawn from the international arena - examples from China, Canada, Australia, Germany and North America place ADR in a cultural and historical perspective.




The Financial Services Authority


Book Description

The National Audit Office was invited by HM Treasury to review the economy, efficiency and effectiveness with which the FSA has used its resources. The main conclusions cover five main areas: 1) performance management, where the FSA is developing useful tools to manage its performance but needs to enhance its grip on cost information and streamline the Outcomes Performance Report; 2) working with other UK regulators - the FSA has good relationships but should focus on working collaboratively with the Office of Fair Trading; 3) international influence and representation, where it is generally effective but should sharpen its communication to stakeholders; 4) financial crime - combating financial crime has received less attention than other areas of FSA's responsibilities but it has recently restructured to enhance its efforts in this area; 5) financial capability of consumers - the FSA is a world leader in this but it should focus on the costs of low financial capability and develop a medium term strategy.




Consumer Protection in Financial Services


Book Description

The question of how financial services should be regulated in the interests of consumers has never been more topical. The structure of the financial services industry is changing rapidly and the need for the law to keep pace with these changes has never been greater. This book examines the role of the law in the protection of the consumer, in particular the ways in which the law is, and could be, used to protect consumers when purchasing financial services. A prominent panel of contributors first examines the role of the European Union and the ombudsmen schemes operating in the United Kingdom in improving consumer protection. Eight expert papers present a detailed analysis of aspects of the various legal mechanisms protecting consumers in the banking, financial services, investments and insurance industries. The final part of the book is concerned with the important and controversial area of consumer credit. This unique work is a welcome contribution to a rapidly developing area of law, which has so far received little attention from commentators. It will be of great interest to those at the cutting edge of banking, financial services and consumer law, whether practicing lawyers or in-house counsel, and all those involved in advising consumers.




Contract Law and the Legislature


Book Description

This volume revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which rely primarily on cases to put forward accounts of the general principles and structure of contract law. Statutory rules are, typically, seen as being specific instances of legal regulation that carve out exceptions to these general principles for specific reasons of policy. This treatment of these rules has resulted in an incomplete understanding of the nature of contract law and the principles that underpin it. By drawing specifically on contract statutes, the volume produces a more complete picture of modern contract law. A companion to the ground-breaking Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing, 2012) this collection will have a significant impact on the study of contract law.




Banking World


Book Description