challenging territoriality in human rights law building blocks for a plural and diverse duty bearer regime routledge research in human rights law

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Challenging Territoriality In Human Rights Law

Author : Wouter Vandenhole
ISBN : 9781317628965
Genre : Law
File Size : 63. 68 MB
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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.

Handbook On Global Constitutionalism

Author : Anthony F. Lang, Jr.
ISBN : 9781783477357
Genre :
File Size : 84. 52 MB
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This Handbook introduces scholars and students to the history, philosophy, and evidence of global constitutionalism. Contributors provide their insights from law, politics, international relations, philosophy, and history, drawing on diverse frameworks and empirical data sets. Across them all, however, is a recognition that the international order cannot be understood without an understanding of constitutional theory. The Handbook will define this field of inquiry for the next generation by bringing together some of the leading contemporary scholars.

Integrated Human Rights In Practice

Author : Eva Brems
ISBN : 9781786433800
Genre : Human rights
File Size : 67. 72 MB
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This book aims to introduce concrete and innovative proposals for a holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, ‘as if human rights law were really one’, borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law.

Human Rights And Development In International Law

Author : Tahmina Karimova
ISBN : 9781317351658
Genre : Law
File Size : 62. 67 MB
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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.

Law And The Management Of Disasters

Author : Alexia Herwig
ISBN : 9781317273691
Genre : Law
File Size : 36. 34 MB
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Disasters raise serious challenges for contemporary legal orders: they demand significant management, but usually amidst massive disruption to the normal functioning of state authority and society. When dealing with disasters, law has traditionally focused on contingency planning and recovery. More recently, however, ‘resilience’ has emerged as a key concept in effective disaster management policies and strategies, aiming at minimising the impact of events, so that the normal functioning of society and the state can be preserved. This book analyses the contribution of law to resilience building by looking at law’s role in the different phases of the disaster regulatory process: risk assessment, risk management, emergency intervention, and recovery. More specifically, it addresses how law can effectively contribute to resilience-oriented distaster management policies, and what legal instruments can support effective resilience-building.

Global Justice State Duties

Author : Malcolm Langford
ISBN : 9781107012776
Genre : Law
File Size : 34. 94 MB
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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.

Litigating Transnational Human Rights Obligations

Author : Mark Gibney
ISBN : 9781135121051
Genre :
File Size : 70. 33 MB
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Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law. This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character. The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.

The Common Interest In International Law

Author : Wolfgang Benedek
ISBN : 1780682719
Genre : Law
File Size : 84. 44 MB
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What lies in the common interest of the international community? How are those common interests protected? What is the role of States and of the international community? The Common Interest in International Law provides answers to these key questions that international law is faced with in times of globalization, humanization, and climate change. The book looks at the protection of common interests and shows how international law is progressively moving away from a system based on territorial sovereignty to a system based on shared responsibilities among States and other actors. The areas covered range from human rights law, international environmental law, and international security law, to international economic law and international litigation. The objective is to investigate whether and how international law, which is historically State-centric and consensual, can protect the common interests of humanity, when such common interests can only be safeguarded with the commitment and cooperation of all State and non-State actors. The issue of collective interests is subject to numerous current discourses in international law. This volume ties these together to offer a new - or renewed - understanding of 'common interest, ' reflective of contemporary challenges in international law. The concept of 'common interest' suggests that more is at stake in international law than the individual self-interests of States. Such notion might hold the key to transforming international law away from the dominance of sovereignty into a system which truly serves the interest of the community, including all relevant actors. (Series: Law and Cosmopolitan Values - Vol. 5) [Subject: International Law

The World Bank Group The Imf And Human Rights

Author : Willem Van Genugten
ISBN : 1780682964
Genre : Law
File Size : 45. 65 MB
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The World Bank Group and the International Monetary Fund (IMF) are under substantial pressure to accept more accountability under international human rights law. This book sets out the standards by which these international financial institutions are bound under international human rights law as it currently stands. Human rights law is 'living law' and has changed over time, as have international financial institutions, despite their sometimes static approach to their own mandates. However, the World Bank Group and the IMF are both starting to recognize, more and more, the relevance of human rights to the fulfillment of their respective mandates, even if they still maintain, be it to different degrees, that international human rights law is only partly applicable to them. The book argues that this position is no longer tenable and that human rights law does in fact apply to both international financial institutions. The book also includes the Guiding Principles on the World Bank Group, the International Monetary Fund and Human Rights. [Subject: International Law, Human Rights Law, Finance Law, Banking Law]

Investing In Cultural Diversity And Intercultural Dialogue

Author : Unesco
ISBN : 9789231040771
Genre : Political Science
File Size : 37. 79 MB
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This report analyses all aspects of cultural diversity, which has emerged as a key concern of the international community in recent decades, and maps out new approaches to monitoring and shaping the changes that are taking place. It highlights, in particular, the interrelated challenges of cultural diversity and intercultural dialogue and the way in which strong homogenizing forces are matched by persistent diversifying trends. The report proposes a series of ten policy-oriented recommendations, to the attention of States, intergovernmental and non-governmental organizations, international and regional bodies, national institutions and the private sector on how to invest in cultural diversity. Emphasizing the importance of cultural diversity in different areas (languages, education, communication and new media development, and creativity and the marketplace) based on data and examples collected from around the world, the report is also intended for the general public. It proposes a coherent vision of cultural diversity and clarifies how, far from being a threat, it can become beneficial to the action of the international community.

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