Justiciability Of Economic Social And Cultural Rights Under International Human Rights Law

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Economic, Social, and Cultural Rights in International Law

Author : Eibe Riedel
Publisher : OUP Oxford
ISBN 13 : 0191509582
Total Pages : 2883 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Economic, Social, and Cultural Rights in International Law by : Eibe Riedel

Download or read book Economic, Social, and Cultural Rights in International Law written by Eibe Riedel and published by OUP Oxford. This book was released on 2014-03-13 with total page 2883 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a remarkable expansion in the scale and importance of economic, social, and cultural rights (ESC rights), culminating in the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in December 2008. The Protocol gives individuals and groups the ability to bring complaints about rights violations before the UN Committee on Economic, Social, and Cultural Rights. Against this background, this book focuses on the question of how fundamental socio-economic human rights enshrined in international law are defined, interpreted, understood, and implemented. It assesses how effective efforts to realize ESC rights have been and investigates the contemporary challenges obstructing their protection. It sets out the impact of the global financial crisis and austerity measures, the human rights responsibilities of corporations, and trends in the justiciability of those rights at the national and international level. The interrelationship between ESC rights and other legal regimes such as trade and investment law, environmental law, international criminal law, and international humanitarian law is also thoroughly examined. After an introduction by the editors the book contains seventeen chapters looking at the main questions which shape the progressive realization of ESC rights and their monitoring mechanisms. The authors of the chapters, both scholars and practitioners, adopt interdisciplinary approaches that move beyond traditional analyses of ESC rights. In doing so, they clarify and illuminate multiple aspects of the law by bringing together the different aspects of ESC rights, restating the challenges they face, and assessing the progress that has been made in expanding their adoption.

Justiciability of Economic, Social and Cultural Rights Under International Human Rights Law

Author : Muhammad Ekramul Haque
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Justiciability of Economic, Social and Cultural Rights Under International Human Rights Law by : Muhammad Ekramul Haque

Download or read book Justiciability of Economic, Social and Cultural Rights Under International Human Rights Law written by Muhammad Ekramul Haque and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights emerged at the international level as an indivisible concept. However, in spite of repeated declarations of the equal importance of both groups of human rights, much less attention had been paid to the development of enforcement mechanisms for economic, social and cultural (ESC) rights than for civil and political (CP) rights. The classical discourse of international human rights law was in fact against judicial enforcement of ESC rights, unlike CP rights, which reflected at international, regional and domestic levels. However, developments regarding ESC rights and their enforcement since the adoption of the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1966 have operated to bring both sets of human rights to a closer if not equal footing. In particular, developments during the last two decades have improved the status of ESC rights significantly, and have notably closed the 'gaps' between CP rights and ESC rights in terms of their enforcement. These developments have created a strong foundation for justiciability of the ICESCR rights. The objective of this article is to determine the present status of the enforceability and especially justiciability of ICESCR rights at international and regional levels. The article will also show that the current position of judicial enforceability of ESC rights at the domestic level in Bangladesh is in line with the present developments of international human rights law.

Economic, Social and Cultural Rights as Human Rights

Author : Olivier de Schutter
Publisher : Edward Elgar Publishing
ISBN 13 : 9780857930750
Total Pages : 0 pages
Book Rating : 4.9/5 (37 download)

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Book Synopsis Economic, Social and Cultural Rights as Human Rights by : Olivier de Schutter

Download or read book Economic, Social and Cultural Rights as Human Rights written by Olivier de Schutter and published by Edward Elgar Publishing. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title offers a selection of those major contributions which have shaped debate in the field of economic, social and cultural rights. The broad range of discussion includes: the nature of economic, social and cultural rights and the ability of courts to protect them; the effectiveness of non-judicial protective mechanisms at both the universal and the domestic level; ways of measuring whether states do enough to 'progressively realize' these rights; the impact of trade and investment liberalization, and of economic globalization generally, on the fulfilment of such rights; and the role of economic, social and cultural rights in development.

Economic, Social and Cultural Rights

Author : Manisuli Ssenyonjo
Publisher : Routledge
ISBN 13 : 1351941860
Total Pages : 719 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Economic, Social and Cultural Rights by : Manisuli Ssenyonjo

Download or read book Economic, Social and Cultural Rights written by Manisuli Ssenyonjo and published by Routledge. This book was released on 2017-05-15 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic, Social and Cultural Rights is a collection of seminal papers examining legal, conceptual and practical questions regarding the international legal protection of economic, social and cultural rights. The volume discusses what human rights obligations economic, social and cultural rights entail for states and non-state actors; the nature and scope of substantive economic, social and cultural rights such as education, health, work, water, enjoyment of the benefits of scientific progress, and cultural rights; as well as the justiciability of these rights at an international level and at the national level. The paramount importance of such questions is illustrated, among other things, by the catastrophic situation of economic, social and cultural rights as human rights in developing and developed states. The volume is divided into three main parts which focus on human rights obligations for states and non-state actors arising from treaties protecting economic, social and cultural rights; analysis of selected substantive rights; and finally the justiciability of economic, social and cultural rights in various contexts such as within the United Nations, Europe, Inter-American, and African systems, as well as within the domestic system.

Economic, Social and Cultural Rights in Action

Author : Mashood A. Baderin
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 536 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Economic, Social and Cultural Rights in Action by : Mashood A. Baderin

Download or read book Economic, Social and Cultural Rights in Action written by Mashood A. Baderin and published by Oxford University Press, USA. This book was released on 2007 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of economic, social and cultural rights is vital for everyone, no matter where they live. This volume sets out some of the important legal issues about these rights, including who has obligations, when they apply and how they are relevant to contemporary concerns, such as trade and democracy.

The International Covenant on Economic, Social and Cultural Rights

Author : Ben Saul
Publisher : Oxford University Press
ISBN 13 : 0199640300
Total Pages : 1358 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The International Covenant on Economic, Social and Cultural Rights by : Ben Saul

Download or read book The International Covenant on Economic, Social and Cultural Rights written by Ben Saul and published by Oxford University Press. This book was released on 2014-03 with total page 1358 pages. Available in PDF, EPUB and Kindle. Book excerpt: "One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.

Judicial Protection of Economic, Social and Cultural Rights

Author : Bertie G. Ramcharan
Publisher : BRILL
ISBN 13 : 9047408128
Total Pages : 574 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Judicial Protection of Economic, Social and Cultural Rights by : Bertie G. Ramcharan

Download or read book Judicial Protection of Economic, Social and Cultural Rights written by Bertie G. Ramcharan and published by BRILL. This book was released on 2005-08-01 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume seeks to bring together, for the first time, a collection of documents and case-law from different parts of the world, which shows the Courts at work in providing judicial protection of economic, social and cultural rights.

Economic, Social and Cultural Rights in International Law

Author : Manisuli Ssenyonjo
Publisher : Bloomsbury Publishing
ISBN 13 : 1509900837
Total Pages : 800 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Economic, Social and Cultural Rights in International Law by : Manisuli Ssenyonjo

Download or read book Economic, Social and Cultural Rights in International Law written by Manisuli Ssenyonjo and published by Bloomsbury Publishing. This book was released on 2016-10-06 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition (published in 2009), there have been several important treaty developments, including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on individual communications, and significant developments in the case law on economic, social and cultural (ESC) rights. The second edition addresses these developments and explores ESC rights from foundational issues to substantive rights and systems of protection. It has been fully updated to include new material and up-to-date coverage of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first edition, the second edition analyses new developments, such as the rights to adequate food, water and sanitation, adequate housing, social security and cultural rights. It also considers several contemporary issues including the extraterritorial human rights obligations of states in the area of economic, social and cultural rights; non-state actors; relationship of the ICESCR to other areas of international law; the Optional Protocol to the ICESCR; regional protection of ESC rights; more examples of the domestic protection of ESC rights; the protection of ESC rights of vulnerable groups; contemporary challenges to ESC rights, including poverty, corruption, armed conflicts and terrorism. It concludes by exploring the possible establishment of a World Court of Human Rights.

The International Covenant on Economic, Social, and Cultural Rights

Author : Matthew C. R. Craven
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.:/5 (44 download)

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Book Synopsis The International Covenant on Economic, Social, and Cultural Rights by : Matthew C. R. Craven

Download or read book The International Covenant on Economic, Social, and Cultural Rights written by Matthew C. R. Craven and published by Oxford University Press, USA. This book was released on 1995 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: E. Rest and Leisure

Cultural Rights in International Law

Author : Elsa Stamatopoulou
Publisher : BRILL
ISBN 13 : 9004157522
Total Pages : 353 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Cultural Rights in International Law by : Elsa Stamatopoulou

Download or read book Cultural Rights in International Law written by Elsa Stamatopoulou and published by BRILL. This book was released on 2007 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy.

Social Rights Jurisprudence

Author : Malcolm Langford
Publisher : Cambridge University Press
ISBN 13 : 1139473980
Total Pages : 705 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Social Rights Jurisprudence by : Malcolm Langford

Download or read book Social Rights Jurisprudence written by Malcolm Langford and published by Cambridge University Press. This book was released on 2009-01-19 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable.

Economic, Social & Cultural Rights in Practice

Author : Yash P. Ghai
Publisher : Commonwealth Secretariat
ISBN 13 : 9781869940270
Total Pages : 158 pages
Book Rating : 4.9/5 (42 download)

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Book Synopsis Economic, Social & Cultural Rights in Practice by : Yash P. Ghai

Download or read book Economic, Social & Cultural Rights in Practice written by Yash P. Ghai and published by Commonwealth Secretariat. This book was released on 2004 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: South Africa is increasingly an attractive place for international investment. Investing in South Africa provides readers with an overview of the investment environment in South Africa, and information on investment opportunities, developments, and foreign direct investment incentives offered by the Department of Trade and Industry (the DTI). It also outlines the support that the DTI offers new investors in South Africa. Through the New Partnership for Africa's Development (NEPAD), priority areas have been identified for Africa--one of which is the development of the private sector as a means to stimulate growth. An important element for investors in South Africa is that it is a gateway to the rest of Africa. Already many South African companies have learned many lessons in tackling the challenges of these markets. This provides a unique opportunity for international firms to draw on their lessons and experience.

The Future of Economic and Social Rights

Author : Katharine G. Young
Publisher : Cambridge University Press
ISBN 13 : 1108418139
Total Pages : 711 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Future of Economic and Social Rights by : Katharine G. Young

Download or read book The Future of Economic and Social Rights written by Katharine G. Young and published by Cambridge University Press. This book was released on 2019-04-11 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.

The International Covenant on Economic, Social and Cultural Rights

Author : Ben Saul
Publisher : Oxford University Press, USA
ISBN 13 : 9780198790464
Total Pages : 0 pages
Book Rating : 4.7/5 (94 download)

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Book Synopsis The International Covenant on Economic, Social and Cultural Rights by : Ben Saul

Download or read book The International Covenant on Economic, Social and Cultural Rights written by Ben Saul and published by Oxford University Press, USA. This book was released on 2016-06-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic, social, and cultural rights are finally coming of age. This book brings together all essential documents, materials, and case law relating to the International Covenant on Economic, Social and Cultural Rights (ICESCR) - one of the most important human rights instruments in international law - and its Optional Protocol. This book presents extracts from primary materials alongside critical commentary and analysis, placing the documents in their wider context and situating economic, social, and cultural rights within the broader human rights framework. There is increasing interest internationally, regionally, and in domestic legal systems in the protection of economic, social, and cultural rights. The Optional Protocol of 2008 allows for individual communications to be made to the UN Committee on Economic, Social and Cultural Rights after its entry into force in 2013. At the regional level, socio-economic rights are well embedded in human rights systems in Europe, Africa and the Americas. At the national level, constitutions and courts have increasingly regarded socio-economic rights as justiciable, narrowing the traditional divide with civil and political rights. This book contextualises these developments in the context of the ICESCR. It provides detailed analysis of the ICESCR structured around its articles, drawing on national as well as international case law and materials, and containing all of the key primary materials in its extensive appendices. This book is indispensible for the judiciary, human rights practitioners, government legal advisers and agencies, national human rights institutions, international organisations, regional human rights bodies, NGOs and human rights activists, academics, and students alike.

Economic, Social and Cultural Rights

Author : Asbjørn Eide
Publisher : BRILL
ISBN 13 : 9047433866
Total Pages : 801 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Economic, Social and Cultural Rights by : Asbjørn Eide

Download or read book Economic, Social and Cultural Rights written by Asbjørn Eide and published by BRILL. This book was released on 2001-06-01 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first edition of this text was a textbook on internationally recognized economic, social and cultural rights. While focusing on this category of rights, it also analyzed their relationships to other human rights, civil and political in particular. This revised edition updates the information.

Social, Economic and Cultural Rights

Author : Peter van der Auweraert
Publisher : Maklu
ISBN 13 : 9062157874
Total Pages : 359 pages
Book Rating : 4.0/5 (621 download)

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Book Synopsis Social, Economic and Cultural Rights by : Peter van der Auweraert

Download or read book Social, Economic and Cultural Rights written by Peter van der Auweraert and published by Maklu. This book was released on 2002 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: B. The Example of Belgium

Economic, Social and Cultural Rights

Author : Ralph Beddard
Publisher : Springer
ISBN 13 : 1349217948
Total Pages : 227 pages
Book Rating : 4.3/5 (492 download)

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Book Synopsis Economic, Social and Cultural Rights by : Ralph Beddard

Download or read book Economic, Social and Cultural Rights written by Ralph Beddard and published by Springer. This book was released on 2016-07-27 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores two main themes. First, the claim that these welfare, education, health and equality can be accorded the status of rights. Second, and relatedly, the issue of whether they are justiciable, that is, can they be the subject of adjudication and enforcement through traditional legal mechanisms? This book provides a timely and wide-ranging exploration of these topical and controversial issues.