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Vol 21 No 11 Nov/Dec 2016

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Economic, Social, and Cultural Rights in International Law: Contemporary Issues and Challenges (eBook)

Edited by: Eibe Riedel, Gilles Giacca, Christophe Golay

ISBN13: 9780191509582
Published: March 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £66.67 + £13.33 VAT
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Recent years have seen an expansion in the scale and importance of economic, social, and cultural rights within international law.

This has led to the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in December 2008, giving individuals and groups the ability to bring complaints about violations of these rights before the UN Committee on Economic, Social and Cultural Rights. In this context, this book assesses how effective efforts have been to realise international ESC rights, investigating the contemporary challenges obstructing their protection.

It investigates the impact of the global financial crisis, the need for ESC rights to be implemented in a non-discriminatory manner, and the interrelationship between ESC rights and other international legal regimes. It provides a careful analysis of the new tools and indicators available to measure the progressive realisation of ESC rights.

This book clarifies and illuminate the multiple aspects of the law governing ESC rights, by bringing together all the different aspects of ESC rights, re-stating the challenges they face, and assessing the progress that has been made in expanding their adoption. After an introduction by the editors on ESC rights and the contemporary issues in their realization, the book contains over twenty essays on the main issues related to the progressive realization of ESC rights and their monitoring mechanisms.

The authors of the chapters, both scholars and practitioners, take an interdisciplinary approach to move beyond the traditional analysis of ESC rights, contextualizing their discussions against wider contemporary international law challenges. In reflecting this diversity of perspectives, the book sheds light on the new methodologies for implementation and the many obstacles faced by the realization of ESC rights. It is invaluable reading for scholars, students, practitioners, and NGOs working with or studying ESC rights.

Subjects:
Human Rights and Civil Liberties, Public International Law, eBooks
Contents:
I. INTRODUCTION
1. Addressing the Issues and Challenges Confronting ESC Rights

II. CHALLENGES IN THE PROTECTION OF ESC RIGHTS IN TIMES OF CRISIS
2. The Protection of Socio-Economic Rights in Armed Conflict: Challenges and Prospects
3. The Bond Markets and Socio-Economic Rights: Understanding the Challenge of Austerity
4. The Global Economic Crisis and its Implications for Economic and Social Rights
5. Companies and ESC Rights: The Need for a New Deal?

III. INTERRELATIONSHIP OF ESC RIGHTS WITH OTHER LEGAL REGIMES
6. Trade and Investment Agreements: What Role for ESC Rights in International Economic Law?
7. ESC Rights in the World Trade Organization: Legal Aspects and Reality
8. From the Other Shore: ESC Rights from an International Environmental Law Perspective
9. International Refugee Law and Socio-Economic Rights
10. Economic, Social and Cultural Rights - International Criminal Law's Blind Spot?

IV. CHALLENGES OF NON-DISCRIMINATION AND EQUALITY IN ESC RIGHTS
11. Revisiting the Intersection of Economic, Social and Cultural Rights and Civil and Political Rights
12. Non-Discrimination, Substantive Equality, and the realization of ESC Rights for All
13. ESC Rights and Gender

V. NEW CONCEPTS AND TOOLS TO MEASURE THE PROGRESSIVE REALIZATION OF ESC RIGHTS
14. Indicators and Benchmarks - A Golden Metwand for ESC Rights Monitoring?
15. Budget Analysis and Economic and Social Rights
16. Human Rights Impact Assessments: Emerging Practice and Challenges
17. Obligation of International Assistance and Cooperation in Development Cooperation: A Legal Map with Areas of Shade and Light
18. 'Available Resources' and Extraterritorial Human Rights Obligations: the Qualitative Challenge to International Assistance and Cooperation

VI. NEW TRENDS IN MONITORING ESC RIGHTS AT THE INTERNATIONAL AND NATIONAL LEVEL
19. The International Court of Justice and ESC Rights
20. New Trends in National Jurisprudence on ESC Rights
21. The Role of National Human Rights Institutions in Monitoring ESC Rights
22. ESC Rights and Transitional Justice