Note Verbale Dated 86 12 05 From The Permanent Mission Of The Netherlands To The United Nations Office At Geneva Addressed To The Centre For Human Rights
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| Author | : |
| Publisher | : BRILL |
| Total Pages | : 564 |
| Release | : 2024-08-01 |
| Genre | : Law |
| ISBN | : 9004517960 |
This book aims to contribute to the global observance of the 75th anniversary of the Universal Declaration of Human Rights (UDHR), 1948. It considers nature and development of international human rights law. It considers how human rights interact with other regimes such as intellectual property, foreign direct investment, corporate social responsibility, international environmental law, humanitarian law, refugee law, economic law, and criminal law. The book then presents human rights of vulnerable populations and sets out contemporary challenges and issues relating to human rights, such as globalisation, the effects of COVID-19, religion, nationality, and the implementation of economic, social, and cultural rights.
| Author | : Tahmina Karimova |
| Publisher | : Routledge |
| Total Pages | : 419 |
| Release | : 2016-04-28 |
| Genre | : Law |
| ISBN | : 1317351649 |
This book addresses the legal issues raised by the interaction between human rights and development in contemporary international law. In particular, it charts the parameters of international law that states have to take into account in order to protect human rights in the process of development. In doing so, it departs from traditional analyses, where human rights are mainly considered as a political dimension of development. Rather, the book suggests focusing on human rights as a system of international norms establishing minimum standards of protection of individuals and minimum standards applicable in all circumstances on what is essential for a dignified existence. The various dimensions covered in the book include: the discourse on human rights and development interrelationship, particularly opinio juris and the practice of states on the question; the notion of international assistance and cooperation in human rights law, under legal regimes such as international humanitarian law, and emerging rules in the area of protection of persons in the event of disasters; the extraterritorial scope of economic, social and cultural rights treaties; and legal principles on the respect for human rights in externally designed and planned development activities. Analysis of these topics sheds light on the question of whether international law as it stands today addresses most of the issues concerning the protection of human rights in the development process.
| Author | : Diane A. Desierto |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 449 |
| Release | : 2015 |
| Genre | : Business & Economics |
| ISBN | : 0198716931 |
Wealth creation through trade, finance, and investment often comes at the price of rising inequality for vulnerable groups and individuals. This book examines how states can harmonize the social protection objectives of the International Covenant on Economic, Social, and Cultural Rights with their international economic treaty obligations.
| Author | : Evan J. Criddle |
| Publisher | : Cambridge University Press |
| Total Pages | : 303 |
| Release | : 2016-07-21 |
| Genre | : Political Science |
| ISBN | : 1316688178 |
Public emergencies such as civil wars, natural disasters, and economic crises test the theoretical and practical commitments of international human rights law. During national crises, international law permits states to suspend many human rights protections in order to safeguard national security. States frequently overstep the limits of this authority, violating even peremptory human rights such as the prohibitions against torture and prolonged arbitrary detention. In this volume, leading scholars from law, philosophy and political science grapple with challenging questions concerning the character, scope, and salience of international human rights, and they explain how the law seeks to protect human rights during emergencies. The contributors also evaluate the law's successes and failures, and offer new proposals for strengthening respect for human rights.
| Author | : Claire Breen |
| Publisher | : Routledge |
| Total Pages | : 224 |
| Release | : 2017-06-14 |
| Genre | : Law |
| ISBN | : 1317146298 |
This text comprises cutting-edge research on one of the greatest global challenges: the failure to address systematic economic and social exclusion, and attendant violations of economic and social rights (ESR), as a driver of conflict. The text explores what the UN's obligation to maintain international peace and security can mean when it is informed by the requirement to protect and promote ESR, rights that play a crucial role in maintaining international peace and security but which are often overlooked. The book considers the extent to which Security Council mandated peace operations have been informed by human rights and efforts to promote economic and social development. The approach is to analyse the extent to which the Security Council has interacted with the General Assembly, the Economic and Social Council as well as other Charter-based mechanisms such as the Human Rights Council, and its predecessor, with particular reference to the role of the Special Procedure Mechanisms. The role of the UN High Commissioner for Human Rights is also considered. In this way, the text shows that the connection between peace and security and human rights is well recognised by these organs. In addition, the text considers States’ ESR obligations stemming from the extraterritorial application of such rights in the context of peace operations. Given that States’ obligations stemming from ESR have often been neglected, the book examines how such provision could be improved using ESR-grounded plans reflecting the rights to health, food, water, education, work and life. The text concludes with a call to reimagine what international peace and security can look like when it is informed by the need to recognise the emergence of post-conflict legal obligations based on broader concepts of international peace and security that draw from ESR. This text will appeal to legal scholars, policy advisors, members of the military, those working in the area of development, NGOs and final-year undergraduate and/or postgraduate students working in the areas of international law, political science and international relations, and associated fields of research.
| Author | : Wouter Vandenhole |
| Publisher | : Routledge |
| Total Pages | : 202 |
| Release | : 2015-06-19 |
| Genre | : Law |
| ISBN | : 1317628950 |
Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Interpretations of international human rights treaties tend either to ignore or downplay obligations beyond this ‘territorial space’. This edited volume challenges the territorial bias of mainstream human rights law. It argues that with increased globalisation and the impact of international corporations, organisations and non-State actors, human rights law will become less relevant if it fails to adapt to changing realities in which States are no longer the only leading actor. Bringing together leading scholars in the field, the book explores potential applications of international human rights law in a multi-duty bearer setting. The first part of the book examines the current state of the human rights obligations of foreign States, corporations and international financial institutions, looking in particular at the ways in which they address questions of attribution and distribution of obligations and responsibility. The second part is geared towards the identification of common principles that may underpin a human rights legal regime that incorporates obligations of foreign States as well as of non-State actors. As a marker of important progress in understanding what lies ahead for integrating foreign States and non-State actors in the human rights dutybearer regime, this book will be of great interest to scholars and practitioners of international human rights law, public international law and international relations.
| Author | : Eibe Riedel |
| Publisher | : OUP Oxford |
| Total Pages | : 2883 |
| Release | : 2014-03-13 |
| Genre | : Law |
| ISBN | : 0191509582 |
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.
| Author | : Catarina de Albuquerque |
| Publisher | : PULP |
| Total Pages | : 404 |
| Release | : 2016-12-30 |
| Genre | : Human rights |
| ISBN | : 192053850X |
| Author | : Freya Baetens |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 279 |
| Release | : 2014-03-13 |
| Genre | : Business & Economics |
| ISBN | : 9004270191 |
Confronted with today’s global interdisciplinary challenges, international economic law offers a myriad of legal tools to provide both procedural and substantive solutions. Frontiers of International Economic Law: Legal Tools to Confront Interdisciplinary Challenges will appeal to those interested in the general theory of international economic law, but also readers looking for innovative answers to practical questions will also be pleased to find a broad array of topics structured along four frontier themes: facing economic crises and uncertainties, confronting environmental challenges, considering human rights and development objectives, and finally, regulating energy transit and new technologies. The contributions presented here will help to push forward, through promoting and developing the rule of law, the – at times contentious – frontiers of international economic law.
| Author | : Rhonda Ferguson |
| Publisher | : BRILL |
| Total Pages | : 305 |
| Release | : 2018-01-03 |
| Genre | : Law |
| ISBN | : 9004345302 |
In The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.
