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Global Justice, State Duties: The Extraterritorial Scope of Economic, Social, and Cultural Rights in International Law

Edited by: Malcolm Langford, Wouter Vandenhole, Martin Scheinin, Willem J. M. van Genugten

ISBN13: 9781107429321
Published: August 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2013)
Price: £48.99
Hardback edition , ISBN13 9781107012776

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The rise of globalization and the persistence of global poverty are straining the territorial paradigm of human rights. This book asks if states possess extraterritorial obligations under existing international human rights law to respect and ensure economic, social and cultural rights and how far those duties extend.

Taking a departure point in theory and practice, the book is the first of its kind to analyze the principal cross-cutting legal issues at stake: the legal status of obligations, jurisdiction, causation, division of responsibility, and remedies and accountability. The book focuses specifically on the role of states but also addresses their duties to regulate powerful nonstate actors.

The authors demonstrate that many key issues have been resolved or clarified in international law while others remain controversial or await the development of further practice, particularly the scope of jurisdiction and the quantitative dimension of extraterritorial obligations to fulfil.

Public International Law
1. Introduction: an emerging field Malcolm Langford, Wouter Vandenhole, Martin Scheinin and Willem van Genugten
2. On terminology: extraterritorial obligations Mark Gibney

Part I. Legal Status:
3. Extraterritorial duties in international law Malcolm Langford, Fons Coomans and Felipe Gomez Isa
4. International financial institutions, transnational corporations and duties of states Smita Narula

Part II. Jurisdiction:
5. Extraterritorial human rights and the concept of 'jurisdiction' Maarten den Heijer and Rick Lawson
6. Jurisdiction: towards a reasonableness test Cedric Ryngaert
7. Just another word? Jurisdiction in the roadmaps of state responsibility and human rights Martin Scheinin

Part III. Causation:
8. Causality and extraterritorial human rights obligations Sigrun I. Skogly
9. Deprivation, causation and the law of international cooperation Margot E. Salomon

Part IV. Division of Responsibility:
10. Division of responsibility between states Ashfaq Khalfan
11. Extraterritorial human rights obligations and the north-south divide Wouter Vandenhole and Wolfgang Benedek

Part V. Remedies and Accountability:
12. Remedies and reparation Dinah Shelton
13. Accountability mechanisms Ashfaq Khalfan
14. Moral theory, international law and global justice Malcolm Langford and Mac Darrow.