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 : 76. 45 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.

Corporate Accountability Under Socio Economic Rights

Author : Jernej Letnar Černič
ISBN : 9781351973793
Genre : Law
File Size : 68. 40 MB
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In recent decades, corporations have increasingly accepted that they have obligations to respect the socio-economic rights of individuals whose rights to livelihoods, education, food, health, housing and water are affected by the actions of corporations on a daily basis. Despite this, it is often difficult for victims to bring corporations to court for violations of their socio-economic rights. Domestic constitutional systems provide, at best, fragile and limited protections against adverse corporate activities, while international responses have been lacking in creating obligations and accountability for corporations under socio-economic rights. The urgency of bolstering corporate accountability for socio-economic rights is therefore apparent. In light of this, this book asks whether corporations are required to observe socio-economic rights and if they are accountable for any violations. In doing so, it identifies and analyzes the theoretical foundations and the existing scope of corporate accountability arising from socio-economic rights at both national and international levels. Through careful analysis, Jernej Letnar Černič exposes the stark need for greater clarity in the obligations and accountability of corporations, advocating a normative framework for corporate accountability for socio-economic rights in national legal orders which builds on existing mechanisms.

Handbook On Global Constitutionalism

Author : Anthony F. Lang, Jr.
ISBN : 9781783477357
Genre :
File Size : 48. 13 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 : 35. 78 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.

The Common Interest In International Law

Author : Wolfgang Benedek
ISBN : 1780682719
Genre : Law
File Size : 86. 34 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 Local Relevance Of Human Rights

Author : Koen De Feyter
ISBN : 9781139501552
Genre : Political Science
File Size : 30. 79 MB
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Do human rights offer real protection when disadvantaged groups invoke them at the local level in an attempt to improve their living conditions? If so, how can we make sure that the experiences of those invoking human rights at the local level have an impact on the further development of human rights (at national and other levels) so that the local relevance of human rights increases? Since the adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948, numerous international documents have reaffirmed human rights as global norms. This book examines what factors determine whether appeals to human rights that emanate from the local level are successful, and whether the UDHR adequately responds to threats as currently defined by relevant groups or whether a revision of some of the ideas included in the UDHR is needed in order to increase its contemporary relevance.

Litigating Transnational Human Rights Obligations

Author : Mark Gibney
ISBN : 9781135121051
Genre :
File Size : 38. 1 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.

Global Justice State Duties

Author : Malcolm Langford
ISBN : 9781107012776
Genre : Law
File Size : 33. 36 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.

Critical Indigenous Rights Studies

Author : Giselle Corradi
ISBN : 9781351747554
Genre : Law
File Size : 23. 46 MB
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The field of ‘critical indigenous rights studies’ is a complex one that benefits from an interdisciplinary perspective and a realist (as opposed to an idealised) approach to indigenous peoples. This book draws on sociology of law, anthropology, political sciences and legal sciences in order to address emerging issues in the study of indigenous rights and identify directions for future research. The first part of the volume investigates how changing identities and cultures impact rights protection, analysing how policies on development and land, and processes such as migration, interrelate with the mobilisation of identities and the realisation of rights. In the second part, how new approaches related to indigenous peoples’ rights are scrutinised as to their potential and relevance. They include addressing legal tensions from an indigenous peoples’ rights perspective, creating space for counter-narratives on international law, and designing new instruments. Throughout the text, case studies with wide geographical scope are presented, ranging from Latin America (the book’s focus) to Egypt, Rwanda and Scandinavia.

Investing In Cultural Diversity And Intercultural Dialogue

Author : Unesco
ISBN : 9789231040771
Genre : Political Science
File Size : 86. 15 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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