* List of Figures and Tables * Preface * Introduction * Part One: Classic Models * Chapter 1 - Classical Democracy: Athens * Political ideas and aims * Institutional features * The exclusivity of an ancient democracy * The critics * In sum: Model I * Chapter 2 - Republicanism: Liberty, Self-Government and the Active Citizen * The eclipse and re-emergence of homo politicus * The reforging of republicanism * Republicanism, elective government and popular sovereignty * From civic life to civic glory * In sum: Model IIa * The republic and the general will * In sum: model IIb * The public and the private * Chapter 3 - The Development of Liberal Democracy: For and Against the State * Power and Sovereignty * Citizenship and the Constitutional State * Separation of Powers * The problem of factions * Accountability and Markets * In sum: model IIIa * Liberty and the development of democracy * The dangers of despotic power and an overgrown state * Representative government * The subordination of women * Competing conceptions of the 'ends of government' * In sum: Model IIIb * Chapter 4 - Direct Democracy and the End of Politics * Class and class conflict * History as evolution and the development of captialism * Two theories of the state * The end of politics * Competing conceptions of Marxism * Part Two: Variants from the Twentieth Century * Chapter 5 - Competitive ELitism and the Technocratic Vision * Classes, power and conflict * Bureaucracy, parliaments and nation-states * Competitive elitist democracy * Liberal democracy at the crossroads * The last vestige of democracy? * Democracy, capitalism and socialism *'Classical' v. modern democracy * A technocratic vision * In sum: model V * Chapter 6 - Pluralism, Corporate Capitalism and the State * Group politics, government and power * Politics, consensus and the distribution of power * Democracy, corporate capitalism and the state * In sum: Model VI * Accumulation, legitimation and the restricted sphere of the political * The changing form of representative institutions * Chapter 7 - From Post-War Stability to Political Crisis: The Polarization of Political Ideas * A legitimate democratic order or a repressive regime? * Overloaded state or legitimation crisis? * Crisis theories: an assessment * Law, liberty and democracy * In sum: model VII * Participation, liberty and democracy * In sum: model VII * Chapter 8 - Democracy after Soviet Communism * The historical backdrop * The triumph of economic and political liberalism * The renewed necessity of Marxism and democracy from 'below'? * Chapter 9 - Deliberative Democracy and the Defence of the Public Realm * Reason and Participation * The limits of democratic theory * The aims of deliberative democracy * What is sound about public reasoning? Impartialism and it's critics * Institutions of deliberative democracy * Value pluralism and democracy * In sum: Model IX * Part Three: What Should Democracy Mean Today? * Chapter 10 - Democratic Autonomy * The appeal of democracy * The principle of autonomy * Enacting the principle * The heritage of classic and twentieth-century democratic theory * Democracy: A double-sided process * Democratic autonomy: compatibilities and incompatibilities * In sum: Model Xa * Chapter 11 - Democracy, the Nation-State and the Global System * Democratic legitimacy and borders * Regional and global flows: old and new * Sovereignty, autonomy and disjunctures * Rethinking democracy for a more global age: the cosmopolitan model * In sum: model Xb * Acknowledgements * References and Select Bibliography * Index

民主的模式 = Models of democracy

This thesis argues that international copyright law should play a stronger role in the implementation of authors’ and users’ international human rights. In international human rights law, authors’ and users’ human rights are two sides of the same coin: both derive from human dignity and contribute to the development of the human personality. Authors have a set of moral and material interests that entitle them, as a minimum, to an adequate standard of living, to be (or not to be) associated with their intellectual works, and to object to any distortion or mutilation of those works. These entitlements receive a viable back up protection from authors’ human rights to freedom of expression and property. At the same time, users have human rights in culture, arts, and science that entitle them to access, use, and share intellectual works. Also, their human rights to freedom of expression and education reinforce these entitlements. Authors’ and users’ human rights are reciprocal, mutually-reinforcing, and mutually-limiting. Thus, their balanced implementation— by means of legislation or adjudication—depends on three rules: authors’ and users’ human rights are limited, they are not hierarchal, and they are interdependent on and indivisible from other human rights and freedoms. On the other hand, despite its practicality and predominance, the exclusiveright system of international copyright law does not necessarily enable authors to achieve an adequate standard of living, and TRIPS has explicitly overlooked their

https://www.ruor.uottawa.ca/bitstream/10393/31359/1/Al-Sharieh_Saleh_2014_thesis.pdf

A Roadmap for Assimilating Authors’ and Users’ Human Rights into International Copyright Law

/pdf/implementing-the-right-to-development-50az9w0dvf.pdf

Implementing the right to development

This chapter makes a case for the importance of extension of rural access in Nigeria based on the concept of sustainable development. It simultaneously presents a business case for telecommunications services and facilities providers to extend universal access to telecommunications services to rural areas in Nigeria. Nigeria, with a population of over 140 million people is the most populous country in Africa, about one out of every six sub-Saharan African is a Nigerian. Therefore the issue of extension of access to telecommunications services for persons in Nigeria goes a long way towards, in demographic terms, addressing access to telecommunications services in Africa, a continent largely on the have-nots half of the digital divide. There is also a human side to the need for access to telecommunications in Nigeria. Nigeria’s relatively low GDP per capita of $1,969 indicates that there is a pervasive problem of poverty which is compounded by a lack of access to basic health care especially in isolated rural areas. If, as I will argue below, access to telecommunications services improves economic development, access to health care and aggregate consumer welfare, there is an immense need for such improvements for persons living in Nigeria. I will highlight the urban rural divide in terms of access to telecommunications services and put forward an argument on the grounds of development for extension of access to unserved rural areas. Development is perceived as the primary goal of extension of access programmes. Drawing primarily from economic literature, I argue that extension of access would be beneficial on a macro-economic level for the economic growth of the country and based on rather limited existing case studies of rural dwellers in other countries, would also maximise aggregate welfare for rural dwellers in Nigeria. I will argue that beyond merely being economically beneficial, it could promote sustainable development by integrating social benefits and environmental protection to the economic benefits earlier stated. Due to the reliance of liberalised telecommunications sectors on the role of businesses as services and facilities providers for the extension of access, I argue that there is a business case on the grounds of corporate social responsibility for these businesses voluntarily extending access to telecommunications in rural areas beyond their bare minimum legal and contractual obligations.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2225785_code1890536.pdf?abstractid=2225785&mirid=3

Sustainable Development and Rural Access to Telecommunications in Nigeria

The European Union’s (EU’s) relations with Africa remain dominated by notions of partnerships via development cooperation and inconsistencies regarding economic dealings that often exert powerfully...

Bait and Switch: The European Union’s Incoherency towards Africa

Sub-Saharan Africa remains mired in economic underdevelopment almost half a century since its emancipation from the yoke of colonialism. The current celebration of its recent economic growth is, unfortunately, reminiscent of earlier false dawns. This article seeks to attract scholarly attention to the legal dimension of underdevelopment in the region, as the literature has thus far focused mainly on its political and economic aspects. It was, after all, only two decades after decolonization that the rulers of sub-Saharan Africa, acting in concert with other "Third World" leaders, persuaded the United Nations General Assembly to adopt the Declaration on the Right to Development (UNDRD), thereby explicitly recognizing economic development as "an inalienable human right." Though the status of this international document as a source of law and the conceptualization of its content remain to be settled, it stands as a promising blueprint for the realization of sustainable development through the promotion of economic and social rights. The UNDRD is particularly relevant to a rights-based approach to development, of which key issues will be highlighted by the present examination. Ultimately, a variety of actors would benefit from the broader implications of this instrument, not least because of the UNDRD's clear delineation of the obligations of all participants in the development process.

Back to the Future: The UNDRD as a Blueprint for the Realization of Human Rights and Sustainable Development in Sub-Saharan Africa

The year 2005 marks the 10th anniversary of the establishment of the World Trade Organization – the multilateral body responsible for regulating the global trading regime. Whether because or in spite of the organization's existence, trade has brought unprecedented levels of economic prosperity to various parts of the world within this period. Even those parts of what used to be called ‘the Third World’ are beginning to challenge the appropriateness of that unfortunate categorization. However, much of sub-Saharan Africa has not only failed to become part of this trend, but has in fact become poorer than it was 25 years ago. Various excuses have been proffered, amongst which is that the GATT/WTO regime represents an impediment to its economic emancipation. This interdisciplinary critique aims to challenge this orthodoxy by offering a different analysis of the region's inability to trade, and by extension, of its failure to realize the rights proclaimed under the International Covenant on Economic, Social and Cultural Rights 1966.

The gatt/wto regime, economic rights and sub-saharan africa: the musings of a heretic

The relationship between democracy and civil and political rights is often assumed to be self‐evident. What is often less obvious is that between democracy and economic and social rights. The emergence of China and India (two countries with divergent attitudes to democratic governance) as global economic powers has revived the debate about the relationship between democracy and both human rights categories. This short article is thus an attempt at assessing the strength of these relationships.

Democracy and human rights: Reappraising the rhetoric of “interdependence and mutual reinforcement”

Much has been written about sub-Saharan Africa and its inability to achieve economic development – a state of affairs often articulated by legal scholars in terms of its inability to realize the core elements of economic and social rights such as healthcare, food, housing, and basic education. Commentators and policy-makers are almost unanimous in blaming factors such as “inadequate” foreign aid, the debt burden, “unfair” multilateral trade rules and protectionism in Western markets. Although some are beginning to challenge the aid/debt hypothesis, the last two suppositions remain an article of faith – the overwhelming opinion being that existing multilateral trade rules and protectionism in Western markets represent the impediment to the region’s ability to “trade its way out of poverty.” This paper aims to add to the dissenting voices by arguing that the problem of protectionism has become so overemphasized that its proponents have, quite paradoxically, become the obstacle to the region’s prospects of ever achieving the aim of economic development as proclaimed under the Agreement Establishing the World Trade Organization and indeed, under the main international human rights instruments such as the Covenant on Economic and Cultural Rights – not least because this thesis invariably deflects critical attention from the real impediments to the region’s ability to trade.

http://www.ccsenet.org/journal/index.php/jpl/article/download/766/743

Ubong E. Effeh

Papers

Back to the Future: The UNDRD as a Blueprint for the Realization of Human Rights and Sustainable Development in Sub-Saharan Africa

The gatt/wto regime, economic rights and sub-saharan africa: the musings of a heretic

Democracy and human rights: Reappraising the rhetoric of “interdependence and mutual reinforcement”

Africa and the Multilateral Trading Regime: Re-examining the “Market Access” Mantra