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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Socio-Economic Rights in Emerging Free Markets: Comparative Insights from India and China

Edited by: Surya Deva

ISBN13: 9780415735070
Published: October 2015
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00

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In the last decade or so, China and India have emerged on the global stage as two emerging free market economies. The tremendous economic growth in China and India has meant that they have been able to lift millions of people out of the poverty trap.

This growth has not, however, been without problems. A significant number of people are still struggling for development as they do not have adequate access basic needs such as food, health services, education, water, and housing. The traditional old age support mechanism is collapsing amidst push for urbanisation and the practice of nuclear families, while the alternative social security system has not been put in place.

Both China and India stress the importance of socio-economic rights and have in place a strong legal framework for the realisation of such rights. Both countries have ratified the International Covenant on Economic, Social and Cultural Rights.

The Constitutions of China and India accord significant importance to socio-economic rights and the countries both have numerous laws, regulations and policies that seek to implement various socio-economic rights. This book examines the realisation of socio-economic rights in China and India.

It investigates how the gradual adoption of free market ideology has impacted on the realisation of socio-economic rights in both India and China and how the constitutional and legal frameworks have made necessary adjustments. The role played by courts in India and China in the protection and realisation of socio-economic rights is considered along with the use and limitations of public interest litigation in achieving socio-economic goals.

Chapters are written by academics of international standing and explore how China and India have tried to overcome certain common challenges in realising socio-economic rights. The effectiveness of measures in realising socio-economic rights are evaluated in relation to specific rights such as the rights to food, health, education, gender equality, social security, and the rights of workers.

Human Rights and Civil Liberties, Other Jurisdictions , China, India
1. Introduction, Surya Deva

Part 1: Governance Challenges: Free Markets, Privatisation, Corruption and Sustainability
2. Socio-Economic Rights in the World Market: China, India, and the Gang of Four, Paul Cammack
3. Realizing Socio-Economic Rights Under Emerging Global Regulatory Frameworks: The Potential Impact of Privatisation and the Role of Companies in China and India, Larry Cata Backer
4. Comparative Perspectives on Corruption and its Impact on Implementing Economic, Social and Cultural Rights in India and China, C Raj Kumar
5. The Right to Environment in Emerging Economies: A Comparative Approach to India and China, Domenico Amirante

Part 2: The Role of Courts and Public Interest Litigation in Realising Socio-Economic Rights
6. Enforcing Social Rights through Public Interest Litigation: An Overview of Indian Experience, Parmanand Singh
7. The Role of Courts in Enforcing Socio-Economic Rights in China and India, Randall Peerenboom
8. The Paradox of Justiciability: Labour Public Interest Litigation in China and India, Leila Choukroune
9. Judicial Protection of Labour Rights in China and Its Constitutionality, Lin Feng
10. Social Justice and Social Rights in Hong Kong: Recent Judicial Review Developments and Proposal for Legislative Change, Karen Kong

Part 3: Selected Indo-Chinese Perspectives on Socio-Economic Rights
11. Vindicated Market and Vulnerable Health Care: Human Rights Perspective, Uday Shankar
12. Bilateral Investment Treaties (BITs) and the Right to Health: Comparative Study of the Indian and Chinese BITs, Prabhash Ranjan
13. Right to Food and Safety of Food in China, Mo Jihong
14. Right to Education in India and China, Mahendra P Singh and Liu Jianlong
15. 'No Child Policy' vs. 'One-Child Policy' in Emerging Free Markets: Did It Matter for Women in India and China?, Surya Deva
16. How to Protect the Dispatched Employees in Chinese Situation, Shi Meixia
17. Right to Social Security: International Norms and Standards and Chinese Practice, Zhu Guobin
18. Achieving Social Welfare through Legislative Reforms in China, Li Jianfei