Economic, Social, and Cultural Rights in International Law Contemporary Issues and Challenges

Name: Economic, Social, and Cultural Rights in International Law
Brand: Oxford University Press
SKU: 9780199685974
Price: 1324.05 HKD
Availability: InStock
Author: Eibe Riedel; Gilles Giacca; Christophe Golay
ISBN: 9780199685974

Edited by Eibe Riedel · Gilles Giacca · Christophe Golay

Oxford University Press March 2014

Specifications

ISBN-13: 9780199685974
Publisher: Oxford University Press
Publication: March 2014
Format: Hardback , 560 pages
Jurisdiction: International ? Countri(es) for reference only

Details

Provides a comprehensive overview of the implementation and protection of international economic, social, and cultural rights at the international and national level
Assesses the manner in which individual claims can now be addressed by the UN Committee on Economic, Social and Cultural Rights
Analyses the key remaining challenges for the universal realization of ESC rights, including non-discriminatory implementation, the impact of the financial crisis, and their relationship with other branches of international law

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.

Readership: Scholars and students of international human rights law, with a particular focus on economic, social, and cultural rights; Judges and human rights practitioners; Human rights activists

I. Introduction
1: Gilles Giacca, Christophe Golay, and Eibe Riedel: Addressing the Issues and Challenges Confronting ESC Rights
II. Challenges in the Protection of ESC Rights in Times of Crisis
2: Gilles Giacca: The Protection of Socio-Economic Rights in Armed Conflict: Challenges and Prospects
3: Mary Dowell-Jones: The Bond Markets and Socio-Economic Rights: Understanding the Challenge of Austerity
4: Ignazio Saiz and Sally-Anne Way: The Global Economic Crisis and its Implications for Economic and Social Rights
5: Olivier De Schutter: Companies and ESC Rights: The Need for a New Deal?
III. Interrelationship of ESC Rights with other Legal Regimes
6: Hans Morten Haugen: Trade and Investment Agreements: What Role for ESC Rights in International Economic Law?
7: Holger P. Hestermeyer: ESC Rights in the World Trade Organization: Legal Aspects and Reality
8: Jorge E. Viñuales and Stéphanie Chuffard: From the Other Shore: ESC Rights from an International Environmental Law Perspective
9: Michelle Foster: International Refugee Law and Socio-Economic Rights
10: Larissa van den Herik: Economic, Social and Cultural Rights - International Criminal Law's Blind Spot?
IV. Challenges of Non-discrimination and equality in ESC rights
11: Ioana Cismas: Revisiting the Intersection of Economic, Social and Cultural Rights and Civil and Political Rights
12: Sandra Ratjen: Non-Discrimination, Substantive Equality, and the realization of ESC Rights for All
13: Christine Chinkin: ESC Rights and Gender
V. New Concepts and Tools to Measure the Progressive Realization of ESC Rights
14: Eibe Riedel: Indicators and Benchmarks - A Golden Metwand for ESC Rights Monitoring?
15: Aoife Nolan: Budget Analysis and Economic and Social Rights
16: Simon Walker: Human Rights Impact Assessments: Emerging Practice and Challenges
17: Tahmina Karimova: Obligation of International Assistance and Cooperation in Development Cooperation: A Legal Map with Areas of Shade and Light
18: Sigrun Skogly: '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: Nico Schrijver: The International Court of Justice and ESC Rights
20: Malcolm Langford: New Trends in National Jurisprudence on ESC Rights
21: Duncan Wilson and Allison Corkery: The Role of National Human Rights Institutions in Monitoring ESC Rights
22: Frank Haldemann and Rachelle Kouassi: ESC Rights and Transitional Justice

About the Author

Eibe Riedel is Emeritus Chair of German and Comparative Public Law and European and International Law at the University of Mannheim, Germany, Swiss Human Rights Chair at the Geneva Academy of International Humanitarian Law and Human Rights, and a member of the UN Committee on Economic, Social and Cultural Rights in Geneva. He studied law and theology at King's College London, and law at the University of Kiel. He obtained his Dr. iuris in 1974 and Dr. iur. habil. in 1983. He has been a Professor of Public Law and International Law at the University of Mainz, then at the University of Marburg, then at Mannheim. Prof. Riedel has recently been appointed a Judge at the Hague Court of Arbitration. He is a Director of the Inland Navigation Law Institute, and the Director of the Institute of Medical Law, Bioethics and Public Health. He was Pro-Vice Chancellor of the University of Mannheim from 1996-2000.

Dr Gilles Giacca is a Research Fellow at the Law Faculty and Co-ordinator of the Oxford Martin School Human Rights for Future Generations programme. He holds a MA from the Graduate Institute of International and Development Studies (IHEID) in Geneva and a LLM from the University of Essex and holds a PhD in International Law from the University of Geneva and IHEID. Between 2006 and 2012, Gilles Giacca was teaching assistant and then research fellow at the Geneva Academy of International Humanitarian and Human Rights Law. Gilles has advised States, international organizations and NGOs on matters of international law. He has also provided training on international law to diplomats and practitioners. His teaching interests include the law of armed conflict and international human rights law.

Dr Christophe Golay is Research Fellow and Coordinator of the Project on Economic, Social and Cultural Rights at the Geneva Academy of International Humanitarian Law and Human Rights. From 2001 to 2008, he was the Legal Advisor to the United Nations Special Rapporteur on the Right to Food. He teaches courses on ESC rights, the right to food, and human rights and development in different universities. He has published extensively on ESC rights in general and the right to food in particular.

Contributors:
Christine Chinkin - London School of Economics and Political Science
Stéphanie Chuffard - Graduate Institute of International and Development Studies
Ioana Cismas - Graduate Institute of International and Development Studies
Allison Corkery - Center for Economic and Social Rights
Olivier De Schutter - UN Special Raporteur on the right to food, Columbia Law School
Mary Dowell-Jones - University of Nottingham
Michelle Foster - Melbourne Law School
Frank Haldemann - Geneva Academy
Hans Morten Haugen - Diakonhjemmet Høgskole University
Holger P. Hestermeyer - Max Planck Institute for Comparative Public Law and International Law
Tahmina Karimova - Geneva Academy of International humanitarian law and human rights
Rachelle Kouassi - Geneva Academy
Malcolm Langford - Norwegian Centre for Human Rights
Aoife Nolan - Nottingham University
Sandra Ratjen - International Commission of Jurists
Ignazio Saiz - Executive Director, Center for Economic and Social Rights
Nico Schrijver - Grotius Centre for International Legal Studies, Leiden University
Sigrun Skogly - Lancaster University
Larissa van den Herik - Leiden University
Jorge E. Viñuales - Graduate Institute of International and Development Studies
Simon Walker - UN Office of the High Commissioner for Human Rights
Sally-Anne Way - University of Essex
Duncan Wilson - Scottish Human Rights Commission