The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights: A Commentary PDF Download
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Author: Catarina de Albuquerque
Publisher: PULP
ISBN: 192053850X
Category : Human rights
Languages : en
Pages : 404
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Book Description
Author: Catarina de Albuquerque
Publisher: PULP
ISBN: 192053850X
Category : Human rights
Languages : en
Pages : 404
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Book Description
Author: Ben Saul
Publisher: Oxford University Press
ISBN: 0199640300
Category : Law
Languages : en
Pages : 1358
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Book Description
"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.
Author: Knut Bourquain
Publisher: Martinus Nijhoff Publishers
ISBN: 9004169547
Category : Political Science
Languages : en
Pages : 269
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Book Description
Insufficient access to a basic water supply is not an unavoidable consequence of water scarcity. In fact, arid countries possess enough resources to fulfil the basic water needs of their populations and there are people in water rich countries suffering from water stress, too. Thus, insufficient freshwater access mainly can be seen as a problem of allocation and mismanagement. This book comprehensively analyses the appropriateness of a human rights-based approach in safeguarding basic water supplies and determines its legal basis in international law. Arriving at the conclusion that international water law does not adequately consider individual water needs, the study identifies applicable human rights and examines the concrete standard of protection they provide. In view of the deficits of current international water and human rights law, the study discusses concepts deemed to strengthen a human rights-based approach to freshwater access by considering both their formal legal appropriateness as well as their suitability in legal reality.
Author: Mary Dowell-Jones
Publisher: BRILL
ISBN: 9047405609
Category : Political Science
Languages : en
Pages : 229
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Book Description
This work builds on existing studies of the International Covenant on Economic, Social and Cultural Rights by reviewing the challenges to implementation posed by the evolving global macroeconomic environment. The inter-disciplinary focus adopted highlights the limits to a purely legal approach to this instrument at both a theoretical and practical level: issues such as the justiciability debate and the difficulties which the Committee on Economic, Social and Cultural Rights have experienced in applying the ICESCR to States parties' economic policy choices are reviewed from a macroeconomic perspective and it is argued that only once the economic de-contextualisation of this instrument has been addressed will the guarantees in the ICESCR be fully actualised. In this vein it is proposed that reform of the existing supervisory architecture to incorporate economic expertise would be a more positive step forward for the ICESCR than the adoption of the proposed optional protocol. This work is aimed at those working within the sphere of socio-economic rights as well as human rights specialists interested in the implications of global economic integration for the international human rights system as well as the possibility of new paradigms in international human rights methodology.
Author: Sarah Joseph
Publisher: OUP Oxford
ISBN: 0191650234
Category : Law
Languages : en
Pages : 1042
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Book Description
Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.
Author: Marco Odello
Publisher: Routledge
ISBN: 1000155188
Category : Law
Languages : en
Pages : 306
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Book Description
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.
Author: Linda Hajjar Leib
Publisher: Martinus Nijhoff Publishers
ISBN: 9004188649
Category : Law
Languages : en
Pages : 193
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Book Description
The book examines the genesis and development of environmental rights (or the Right to Environment) in international law and discusses their philosophical, theoretical and legal underpinnings in the context of sustainable development and the notion of solidarity rights.
Author: Olivier De Schutter
Publisher: Cambridge University Press
ISBN: 1108463568
Category : Law
Languages : en
Pages : 1149
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Book Description
Fully updated to cover topics such as climate change, trade and business activities, while retaining the original style and structure.
Author: Judge Antonio Augusto (former Judge of the International Court of Justice Cancado Trindade, former Judge of the Internationational Court of Justice and former Judge and President of the Inter-American Court of Human Rights)
Publisher: Oxford University Press
ISBN: 0192893491
Category :
Languages : en
Pages : 691
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Book Description
The only textbook in the area to take a Global South perspective, drawing on the expertise of the authors and bringing in perspectives from a leading judge in the field. International Law of Human Rights takes students through a rigorous exploration of the theoretical foundations and principles of the subject, alongside current practice and procedures.- Provides a unique Global South perspective, offering a broad view of the subject area.- Focuses on the historical and philosophical foundations of human rights before exploring global and regional systems for their protection, and key substantive rights.- Presents a clear and accurate account of current human rights law practice.- Deep discussion and thorough analysis supported by 'further reflections' and 'critical debate' sections, and summaries of key cases.- Insightful testimonial from the distinguished Judge Cançado Trindade helps to bring a complex discipline to life.- Also available as an e-book with features and links that offer extra learning support.
Author: Laura Cahillane
Publisher: Manchester University Press
ISBN: 1526108208
Category : Law
Languages : en
Pages : 437
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Book Description
This volume brings together academics and judges to consider ideas and arguments flowing from the often complex relationships between law and politics, adjudication and policy-making, and the judicial and political branches of government. Contributors explore numerous themes, including the nature and extent of judicial power, the European Court of Human Rights decision in O'Keeffe v Ireland, the process of appointing judges and judicial representation, judicial power and political processes. Contrasting judicial and academic perspectives are provided on the role of the European Court of Human Rights and the nature of exhausting domestic remedies, including a contribution from the late Mr. Justice Adrian Hardiman. The role of specific judges, social and political disputes and case law are examined and socio-economic rights, the rule of law and electoral processes are all addressed.
