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Global Justice, State Duties

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

Author: Malcolm Langford; Wouter Vandenhole; Martin Scheinin; Willem van Genugten
Publisher: Cambridge University Press
ISBN: 9781107012776
Published In: December 2012
Format: Hardback , 496 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

• Undertakes a comprehensive examination of extraterritorial obligations on human rights, with a focus on economic, social and cultural rights

• First of its kind to take a systematic approach to the key legal issues which are relevant to any claim of a violation

• Shows that on some issues there is more consensus on economic, social and cultural rights than civil and political rights; on other issues, it is the opposite

Contributors	vii
Overview
1 Introduction: An Emerging Field Malcolm Langford, Wouter Vandenhole, Martin Scheinin and Willem van Genugten	3
2 On Terminology: Extraterritorial Obligations Mark Gibney	32
Part I. Legal Status
3 Extraterritorial Duties in International Law Malcolm Langford, Fons Coomans and Felipe Gómez Isa	51
4 International Financial Institutions, Transnational Corporations and Duties of States Smita Narula	114
Part II. Jurisdiction
5 Extraterritorial Human Rights and the Concept of ‘Jurisdiction’ Maarten den Heijer and Rick Lawson	153
6 Jurisdiction: Towards a Reasonableness Test Cedric Ryngaert	192
7 Just Another Word? Jurisdiction in the Roadmaps of State Responsibility and Human Rights Martin Scheinin	212
Part III. Causation
8 Causality and Extraterritorial Human Rights Obligations Sigrun I. Skogly	233
9 Deprivation, Causation and the Law of International Co-operation Margot E. Salomon	259
Part IV. Division of Responsibility
10 Division of Responsibility amongst States Ashfaq Khalfan	299
11 Extraterritorial Human Rights Obligations and the North-South Divide Wouter Vandenhole and Wolfgang Benedek	332
Part V. Remedies and Accountability
12 Remedies and Reparation Dinah Shelton	367
13 Accountability Mechanisms Ashfaq Khalfan	391
Afterword
14 Moral Theory, International Law and Global Justice Malcolm Langford and Mac Darrow	419
Annex 1: International Covenant on Economic, Social and Cultural Rights	445
Annex 2: Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights	456