PRIVATISATION AND HUMAN RIGHTS: AN OVERVIEW - KOEN DE FEYTER and FELIPE GOMEZ ISA = 1
1. Human rights = 2
2. State obligations = 3
3. Private actors = 5
4. International and domestic law = 6
5. Economic globalisation = 7
GLOBALISATION, PRIVATISATION AND HUMAN RIGHTS - FELIPE GOMEZ ISA = 9
1. Globalisation as a multidimensional process = 10
2. Consequences of the current process of globalisation = 13
3. The necessary globalisation of human rights = 27
HUMAN RIGHTS AND THE PRIVATISATION OF PUBLIC UTILITIES AND ESSENTIAL SERVICES - COSMO GRAHAM = 33
1. Scope of the paper: issues of definition = 35
2. A human rights approach Some preliminary issues = 37
3. Access to services in Britain = 50
4. Conclusions = 55
PRIVATISATION OF CORRECTIONS: A VIOLATION OF U.S. DOMESTIC LAW, INTERNATIONAL HUMAN RIGHTS, AND GOOD SENSE - IRA P. ROBBINS = 57
1. Introduction = 57
2. Advantages and criticisms = 59
3. U.S. constitutional issues = 63
4. International human rights violations = 75
5. Symbolism: the hidden issue = 88
6. Conclusion = 89
PRIVATISATION, PRISONS, DEMOCRACY AND HUMAN RIGHTS: THE NEED TO EXTEND THE PROVINCE OF ADMINISTRATIVE LAW - ALFRED C. AMAN, JR = 91
1. Introduction = 91
2. The democracy problem = 96
3. State centric and denationalised aspects of globalisation = 100
4. Delegations to the market = 103
5. Conclusion = 125
SOCIAL PROTECTION IS A MATTER OF HUMAN RIGHTS: EXPLORING THE ICESCR RIGHT TO SOCIAL SECURITY IN THE CONTEXT OF GLOBALISATION - LUCIE LAMARCHE = 129
1. Introduction = 129
2. From the right to social security stricto sensu to the right to social protection = 131
3. The requirements of the human right to social protection: the obligations of state and non-state actors in the context of globalisation = 148
4. Conclusion = 172
SOCIAL RIGHTS AND PRIVATISATION: LESSONS FROM THE ARGENTINE EXPERIENCE - CHRISTIAN COURTIS = 175
1. The social security reform process: the struggle between tradition and privatisation . = 176
2. Some successful challenges of market- oriented reforms = 195
3. Brief conclusions = 203
IS PRIVATISATION OF HEALTH CARE A HUMAN RIGHTS PROBLEM? - M. GREGG BLOCHE = 207
1. Medical care and the right to health = 208
2. Privatisation of medical care some oft-voiced concerns = 212
3. A qualified endorsement for privatisation = 225
4. Conclusion = 227
PRIVATISATION OF EDUCATION AND THE RIGHT TO EDUCATION - FONS COOMANS and ANTENOR HALLO DE WOLF = 229
1. Introduction = 229
2. The content of the right to education as a human right = 230
3. Privatisation of education: definition of means = 241
4. Analysis of potential human rights issues = 253
5. Concluding remarks = 256
PRIVATISATION AND THE RIGHT TO ACCESS TO WATER - ANTON KOK = 259
1. Introduction = 259
2. Establishing a right to water at international level = 259
3. International human rights documents and privatisation = 263
4. National constitutions and privatisation = 263
5. Privatisation as it relates to access to water = 264
6. Establishing the accountability of the state and private parties = 267
7. Conclusion = 286
INDIGENOUS PEOPLES AND NATURAL RESOURCES UNDER THE INTER-AMERICAN SYSTEM OF HUMAN RIGHTS. BETWEEN PRIVATISATION AND THE EXERCISE OF HUMAN RIGHTS MIKEL BERRAONDO LOPEZ = 289
1. Privatisation, indigenous peoples and human rights = 289
2. Natural resources in the context of privatisation and indigenous peoples = 299
3. Indigenous property rights concerning resources: new spaces of privatization in the inter-American context of human rights = 312
4. Conclusion = 322
NOTE ON CONTRIBUTORS = 325
1. Human rights = 2
2. State obligations = 3
3. Private actors = 5
4. International and domestic law = 6
5. Economic globalisation = 7
GLOBALISATION, PRIVATISATION AND HUMAN RIGHTS - FELIPE GOMEZ ISA = 9
1. Globalisation as a multidimensional process = 10
2. Consequences of the current process of globalisation = 13
3. The necessary globalisation of human rights = 27
HUMAN RIGHTS AND THE PRIVATISATION OF PUBLIC UTILITIES AND ESSENTIAL SERVICES - COSMO GRAHAM = 33
1. Scope of the paper: issues of definition = 35
2. A human rights approach Some preliminary issues = 37
3. Access to services in Britain = 50
4. Conclusions = 55
PRIVATISATION OF CORRECTIONS: A VIOLATION OF U.S. DOMESTIC LAW, INTERNATIONAL HUMAN RIGHTS, AND GOOD SENSE - IRA P. ROBBINS = 57
1. Introduction = 57
2. Advantages and criticisms = 59
3. U.S. constitutional issues = 63
4. International human rights violations = 75
5. Symbolism: the hidden issue = 88
6. Conclusion = 89
PRIVATISATION, PRISONS, DEMOCRACY AND HUMAN RIGHTS: THE NEED TO EXTEND THE PROVINCE OF ADMINISTRATIVE LAW - ALFRED C. AMAN, JR = 91
1. Introduction = 91
2. The democracy problem = 96
3. State centric and denationalised aspects of globalisation = 100
4. Delegations to the market = 103
5. Conclusion = 125
SOCIAL PROTECTION IS A MATTER OF HUMAN RIGHTS: EXPLORING THE ICESCR RIGHT TO SOCIAL SECURITY IN THE CONTEXT OF GLOBALISATION - LUCIE LAMARCHE = 129
1. Introduction = 129
2. From the right to social security stricto sensu to the right to social protection = 131
3. The requirements of the human right to social protection: the obligations of state and non-state actors in the context of globalisation = 148
4. Conclusion = 172
SOCIAL RIGHTS AND PRIVATISATION: LESSONS FROM THE ARGENTINE EXPERIENCE - CHRISTIAN COURTIS = 175
1. The social security reform process: the struggle between tradition and privatisation . = 176
2. Some successful challenges of market- oriented reforms = 195
3. Brief conclusions = 203
IS PRIVATISATION OF HEALTH CARE A HUMAN RIGHTS PROBLEM? - M. GREGG BLOCHE = 207
1. Medical care and the right to health = 208
2. Privatisation of medical care some oft-voiced concerns = 212
3. A qualified endorsement for privatisation = 225
4. Conclusion = 227
PRIVATISATION OF EDUCATION AND THE RIGHT TO EDUCATION - FONS COOMANS and ANTENOR HALLO DE WOLF = 229
1. Introduction = 229
2. The content of the right to education as a human right = 230
3. Privatisation of education: definition of means = 241
4. Analysis of potential human rights issues = 253
5. Concluding remarks = 256
PRIVATISATION AND THE RIGHT TO ACCESS TO WATER - ANTON KOK = 259
1. Introduction = 259
2. Establishing a right to water at international level = 259
3. International human rights documents and privatisation = 263
4. National constitutions and privatisation = 263
5. Privatisation as it relates to access to water = 264
6. Establishing the accountability of the state and private parties = 267
7. Conclusion = 286
INDIGENOUS PEOPLES AND NATURAL RESOURCES UNDER THE INTER-AMERICAN SYSTEM OF HUMAN RIGHTS. BETWEEN PRIVATISATION AND THE EXERCISE OF HUMAN RIGHTS MIKEL BERRAONDO LOPEZ = 289
1. Privatisation, indigenous peoples and human rights = 289
2. Natural resources in the context of privatisation and indigenous peoples = 299
3. Indigenous property rights concerning resources: new spaces of privatization in the inter-American context of human rights = 312
4. Conclusion = 322
NOTE ON CONTRIBUTORS = 325