The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004245286
Total Pages : 363 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law by : Amrei Müller

Download or read book The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law written by Amrei Müller and published by Martinus Nijhoff Publishers. This book was released on 2013-05-15 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law, Amrei Müller offers a detailed analysis of the legal consequences of the parallel application of economic, social and cultural (ESC) rights and international humanitarian law (IHL) to non-international armed conflicts. With a focus on health related issues, the book covers important topics like the scope of limitations to and derogations from ESC rights, questions related to the integration of the right to health in military-target decisions, states’ obligations to mitigate the adverse public health impact of armed conflicts and obligations relating to the provision of humanitarian assistance. It moves the discussion about the parallel application of IHL and human rights to a new level, highlighting its potential to enhance the protection of people affected by armed conflicts but also the difficulties involved.

Economic, Social, and Cultural Rights in International Law

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Publisher : OUP Oxford
ISBN 13 : 0191509582
Total Pages : 650 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 650 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.

Economic, Social, and Cultural Rights in Armed Conflict

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Publisher : OUP Oxford
ISBN 13 : 0191026905
Total Pages : 414 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Economic, Social, and Cultural Rights in Armed Conflict by : Gilles Giacca

Download or read book Economic, Social, and Cultural Rights in Armed Conflict written by Gilles Giacca and published by OUP Oxford. This book was released on 2014-10-02 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged. Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application.

The International Covenant on Economic, Social and Cultural Rights

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Author :
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.

International Humanitarian Law and International Human Rights Law

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Publisher : Oxford University Press
ISBN 13 : 0191001600
Total Pages : 425 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis International Humanitarian Law and International Human Rights Law by : Orna Ben-Naftali

Download or read book International Humanitarian Law and International Human Rights Law written by Orna Ben-Naftali and published by Oxford University Press. This book was released on 2011-01-13 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the complex relationship between international human rights and humanitarian law, this volume explores the potential for fusing the two regimes into a new legal paradigm.

Economic, Social and Cultural Rights

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Author :
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.

Cultural Rights in International Law

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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.

International Human Rights and Humanitarian Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9781139448932
Total Pages : 1028 pages
Book Rating : 4.4/5 (489 download)

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Book Synopsis International Human Rights and Humanitarian Law by : Francisco Forrest Martin

Download or read book International Human Rights and Humanitarian Law written by Francisco Forrest Martin and published by Cambridge University Press. This book was released on 2006-01-16 with total page 1028 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis introduces the reader to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. The book, which was originally published in 2006, also discusses the history and organisational structure of human rights and humanitarian law enforcement mechanisms. A chapter is devoted a chapter to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions and comments sections provide critical analyses of issues raised in the materials. The last chapter addresses theoretical issues facing contemporary international human rights and humanitarian law and its enforcement.

The Law of International Human Rights Protection

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Publisher : Oxford University Press
ISBN 13 : 0192559672
Total Pages : 608 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Law of International Human Rights Protection by : Walter Kälin

Download or read book The Law of International Human Rights Protection written by Walter Kälin and published by Oxford University Press. This book was released on 2019-08-29 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when human rights are coming under increasing pressure, in-depth knowledge and understanding of their foundations, conceptual underpinnings and current practice remain crucial. The second edition of Walter Kälin and Jörg Künzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them. Based, in particular, on a wide-ranging analysis of international case-law, the book focuses on the sources and scope of application of human rights and a discussion of their substantive guarantees. Further chapters describe the different mechanisms to monitor the implementation of human rights obligations, ranging from the regional human rights courts in Africa, the Americas and Europe and the UN treaty bodies to the international criminal tribunals, the International Court of Justice and the UN Security Council. The book is based on an understanding of human rights as legal concepts that address basic human needs and vulnerabilities, and highlights the indivisibility of civil and political rights on the one and economic, social and cultural rights on the other hand. It also highlights the convergence of international human rights and international humanitarian law and the interlinkages with international criminal law as well as general international law, in particular the law of state responsibility.

The UN Committee on Economic, Social and Cultural Rights

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Publisher : Routledge
ISBN 13 : 1000155188
Total Pages : 306 pages
Book Rating : 4.0/5 (1 download)

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Book Synopsis The UN Committee on Economic, Social and Cultural Rights by : Marco Odello

Download or read book The UN Committee on Economic, Social and Cultural Rights written by Marco Odello and published by Routledge. This book was released on 2020-07-24 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book concerns the study and analysis of the UN Committee on Economic, Social and Cultural Rights from an international legal perspective, taking into consideration the adoption of the 2008 Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR). The volume provides a detailed account of the structure and functioning of the Committee on Economic, Social and Cultural Rights in the light of its jurisprudence, through a study of the Committee’s procedures and practices (periodic reports and general comments), including taking into account the Optional Protocol for individual complaint procedure. The book considers the possible implications of the work of this Committee on other UN Committees, such as the Human Rights Committee and the UN Committee on the Rights of the Child, as well as considering the repercussions of its work on the international protection of fundamental rights, such as the right to education, to health and adequate food. The UN Committee on Economic, Social and Cultural Rights will be of particular interest to academics and students of International and Human Rights law.

Customary International Humanitarian Law

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Publisher : Cambridge University Press
ISBN 13 : 0521808995
Total Pages : 610 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts

Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

International Human Rights, Social Policy and Global Development

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Publisher : Policy Press
ISBN 13 : 1447349237
Total Pages : 294 pages
Book Rating : 4.4/5 (473 download)

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Book Synopsis International Human Rights, Social Policy and Global Development by : McCann, Gerard

Download or read book International Human Rights, Social Policy and Global Development written by McCann, Gerard and published by Policy Press. This book was released on 2020-04-29 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: With international human rights under challenge, this book represents a comprehensive critique that adds a social policy perspective to recent political and legalistic analysis. Expert contributors draw on local and global examples to review constructs of universal rights and their impact on social policy and human welfare. With thorough analysis of their strengths, weaknesses and enforcement, it sets out their role in domestic and geopolitical affairs. Including a forward by Albie Sachs, this book presents an honest appraisal of both the concepts of international human rights and their realities. It will engage those with an interest in social policy, ethics, politics, international relations, civil society organisations and human rights-based approaches to campaigning and policy development.

Economic, Social and Cultural Rights in Action

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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 Handbook of Humanitarian Law in Armed Conflicts

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Publisher : Oxford University Press, USA
ISBN 13 : 9780198298670
Total Pages : 630 pages
Book Rating : 4.2/5 (986 download)

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Book Synopsis The Handbook of Humanitarian Law in Armed Conflicts by : Dieter Fleck

Download or read book The Handbook of Humanitarian Law in Armed Conflicts written by Dieter Fleck and published by Oxford University Press, USA. This book was released on 1999 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the most authoritative commentary and analysis of international humanitarian law applicable in armed conflict available. It is based upon the Joint Service Regulation for the German Ministry of Defence, augmented with extensive international references, and accompanied bycommentary by a team of distinguished and internationally renowned experts. Whilst the past decades have seen consistent development of international law applicable in armed conflict, culminating in a series of International Covenants and Protocols, world events in recent years have made reassessment of the law both a timely and topical concern. This Handbook available for the first time in paperback will serve as an indispensable reference source for practising lawyers and academics working in the field of international humanitarian law and for military personnel worldwide.

The International Covenant on Economic, Social and Cultural Rights

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Author :
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.

A Re-examination of Economic, Social and Cultural Rights in a Political Society in the Light of the Principle of Human Dignity

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Author :
Publisher : Human Rights Research Series
ISBN 13 : 9781780689876
Total Pages : 352 pages
Book Rating : 4.6/5 (898 download)

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Book Synopsis A Re-examination of Economic, Social and Cultural Rights in a Political Society in the Light of the Principle of Human Dignity by : Getahun A. Mosissa

Download or read book A Re-examination of Economic, Social and Cultural Rights in a Political Society in the Light of the Principle of Human Dignity written by Getahun A. Mosissa and published by Human Rights Research Series. This book was released on 2020-10-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principal question investigated in this book is what normative justification can be provided for economic, social and cultural rights (ESC rights) guaranteed under international law and how this justification can or should impact the State obligations emerging from these rights. In particular, it seeks to answer whether and in what manner human dignity provides a viable normative justification for ESC rights guaranteed under international law, what kind of concrete legal obligations of the State party flow from these rights, and the way these obligations are reflected in the jurisprudence of international human rights monitoring bodies from across jurisdictions. It also examines the kind of legal obligations the State bears towards vulnerable persons within its jurisdiction. These are questions born out of the current limitations and lack of substantive progress in both the academic debate and practical enforcement of ESC rights.

The optional protocol to the international covenant on economic, social and cultural rights

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Author :
Publisher :
ISBN 13 : 9782970078623
Total Pages : 55 pages
Book Rating : 4.0/5 (786 download)

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Book Synopsis The optional protocol to the international covenant on economic, social and cultural rights by :

Download or read book The optional protocol to the international covenant on economic, social and cultural rights written by and published by . This book was released on 2013 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt: