Cases and Concepts on Extraterritorial Obligations in the Area of Economic, Social and Cultural Rights

Cases and Concepts on Extraterritorial Obligations in the Area of Economic, Social and Cultural Rights

Author: Fons Coomans

Publisher:

Published: 2012

Total Pages: 0

ISBN-13: 9789400000469

DOWNLOAD EBOOK

From the Foreword by Prof. Olivier De Schutter, United Nations Special Rapporteur on the Right to Food: "This volume is the result of over ten years of research conducted jointly by non-governmental organisations and universities. It presents a range of cases in which the actions or omissions of States have impact on the enjoyment of human rights outside their national territory, raising the question of whether, and under which conditions, such conduct may engage the international responsibility of the States concerned. When the Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights were adopted on 28 September 2011, it is these cases, among others, that the experts who developed these principles had in mind. As such, the series of case studies presented by Fons Coomans and Rolf KÃ?1⁄4nnemann is at the cutting edge both of human rights activism and of human rights doctrine. This volume provides clear evidence both that the Maastricht Principles are useful and important, and that if we accept to build on the extraterritorial obligations of States, the accountability gap that economic globalization has created can be closed." *** This book is essential reading for academics, students, non-governmental organizations, and other practitioners. The human rights community should start making the analysis of extraterritorial obligations a standard part of its casework. The cases in this book show why this is necessary and how this can be done. (Series: Maastricht Series in Human Rights)


Global Justice, State Duties

Global Justice, State Duties

Author: Malcolm Langford

Publisher: Cambridge University Press

Published: 2013

Total Pages: 497

ISBN-13: 1107012775

DOWNLOAD EBOOK

Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.


Universal Human Rights and Extraterritorial Obligations

Universal Human Rights and Extraterritorial Obligations

Author: Mark Gibney

Publisher: University of Pennsylvania Press

Published: 2012-07-03

Total Pages: 264

ISBN-13: 0812204840

DOWNLOAD EBOOK

Globalization challenges fundamental principles governing international law, especially with respect to state sovereignty and international relations. This transformation has had a significant impact on the practice of trade law, financial regulation, and environmental law but relatively little effect on one area of law and regulation: human rights. Universal Human Rights and Extraterritorial Obligations examines both the international and domestic foundations of human rights law. What other contemporary human rights debates have almost totally ignored is that in an increasingly interdependent world—where public and private international actors have great influence on the lives of individuals everywhere—it is insufficient to assess only the record of domestic governments in human rights. It is equally important to assess the effect of actions taken by intergovernmental organizations, international private entities, and foreign states. From this standpoint, contributors to this book address how states' actions or omissions may affect the prospects of individuals in foreign states and asks important questions: To what extent do agricultural policies of rich countries influence the right to food in poorer countries? How do decisions to screen asylum seekers outside state borders affect refugee rights? How does cooperation among different states in the "war on terror" influence individuals' rights to be free from torture? This volume presents a brief for a more complex and updated approach to the protection of human rights worldwide.


The International Covenant on Economic, Social and Cultural Rights

The International Covenant on Economic, Social and Cultural Rights

Author: Ben Saul

Publisher: Oxford University Press

Published: 2014-03

Total Pages: 1358

ISBN-13: 0199640300

DOWNLOAD EBOOK

"One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.


The Routledge Handbook on Extraterritorial Human Rights Obligations

The Routledge Handbook on Extraterritorial Human Rights Obligations

Author: Mark Gibney

Publisher: Routledge

Published: 2021-12-24

Total Pages: 500

ISBN-13: 1000466132

DOWNLOAD EBOOK

The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license


Extraterritorial Application of Human Rights Treaties

Extraterritorial Application of Human Rights Treaties

Author: Fons Coomans

Publisher: Intersentia nv

Published: 2004

Total Pages: 295

ISBN-13: 9050953948

DOWNLOAD EBOOK

"Whether as a result of the war on terrorism, foreign military intervention, economic globalisation or otherwise, state conduct increasingly affects the human rights of individuals beyond its own borders ... This book focuses on the extraterritorial application of four key human rights treaties: the two UN Covenants on Human Rights and the American and European Conventions on Human Rights. It points out inconsistencies in the practice of the supervisory bodies of these treaties and discusses the pros and cons of both a restrictive and an expansive approach."--Back cover.


Economic, Social and Cultural Rights in International Law

Economic, Social and Cultural Rights in International Law

Author: Manisuli Ssenyonjo

Publisher: Bloomsbury Publishing

Published: 2016-10-06

Total Pages: 1006

ISBN-13: 1509900837

DOWNLOAD EBOOK

Since the first edition (published in 2009), there have been several important treaty developments, including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on individual communications, and significant developments in the case law on economic, social and cultural (ESC) rights. The second edition addresses these developments and explores ESC rights from foundational issues to substantive rights and systems of protection. It has been fully updated to include new material and up-to-date coverage of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first edition, the second edition analyses new developments, such as the rights to adequate food, water and sanitation, adequate housing, social security and cultural rights. It also considers several contemporary issues including the extraterritorial human rights obligations of states in the area of economic, social and cultural rights; non-state actors; relationship of the ICESCR to other areas of international law; the Optional Protocol to the ICESCR; regional protection of ESC rights; more examples of the domestic protection of ESC rights; the protection of ESC rights of vulnerable groups; contemporary challenges to ESC rights, including poverty, corruption, armed conflicts and terrorism. It concludes by exploring the possible establishment of a World Court of Human Rights.


Beyond National Borders

Beyond National Borders

Author: Sigrun Skogly

Publisher: Intersentia nv

Published: 2006

Total Pages: 235

ISBN-13: 9050954340

DOWNLOAD EBOOK

Within and outside the legal and academic professions, it is now increasingly recognised that the human rights consequences of states' actions are not limited to the domestic sphere but quite often transcend national borders. This is a challenge to the human rights community, which up to the present time has focused almost exclusively on human rights violations and protections solely within a national setting. The term "extraterritorial" effect/application/obligation in international law refers to acts that are taken by one actor (state) that have some kind of effect within another country's territory, with or without this second country's implicit or explicit agreement. Extraterritoriality within international human rights law, then, concerns actions or omissions by one state that have an effect on the human rights of individuals in another state - with or without this other state's agreement. This effect may be positive or negative in that such actions or omissions by foreign states may contribute positively to the enjoyment of human rights; or alternatively, they may result in a deteriorated human rights situation, and even human rights violations. This book gives, for the first time, a comprehensive analysis of extraterritorial obligations in international human rights law by placing the discussion in a larger international law context, interpreting obligations in the various sources of international human rights law, and discussing the way in which extraterritoriality has been approached by international courts and human rights implementation bodies in the United Nations and regional systems.


Community Interests Across International Law

Community Interests Across International Law

Author: Eyal Benvenisti

Publisher: Oxford University Press

Published: 2018-05-10

Total Pages: 545

ISBN-13: 0192558900

DOWNLOAD EBOOK

This book explores the extent to which contemporary international law expects states to take into account the interests of others - namely third states or their citizens - when they form and implement their policies, negotiate agreements, and generally conduct their relations with other states. It systematically considers the various manifestations of what has been described as 'community interests' in many areas regulated by international law and observes how the law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. Through essays by experts in the field, this book explores topics such as the sources of international law and the institutional aspects of developing the law and covers a range of areas within the law.