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Author: Amrei Müller
Publisher: Martinus Nijhoff Publishers
ISBN: 9004245286
Category : Law
Languages : en
Pages : 363
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Book Description
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.
Author: Amrei Müller
Publisher: Martinus Nijhoff Publishers
ISBN: 9004245286
Category : Law
Languages : en
Pages : 363
Get Book Here
Book Description
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.
Author: Eibe Riedel
Publisher: OUP Oxford
ISBN: 0191509582
Category : Law
Languages : en
Pages : 2883
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Book Description
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: Gilles Giacca
Publisher: OUP Oxford
ISBN: 0191026905
Category : Law
Languages : en
Pages : 321
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Book Description
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.
Author: Amrie Müller
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
The parallel application of international humanitarian law (IHL) and international human rights law (IHRL) to armed conflicts is widely accepted today. Its detailed legal consequences, which will help in understanding its practical effect and potential to enhance the protection of people affected by armed conflicts, remain to be analysed in many areas. This thesis investigates the relationship of state obligations under IHL and the International Covenant on Economic, Social and Cultural Rights (ICESCR), with a special emphasis on health-related issues in non-international armed conflicts. ICJ jurisprudence suggests that the simultaneous application of IHL and IHRL can be structured with the help of the lex specialis maxim. This thesis argues that the function of the lex specialis maxim is relative and highly situation-dependent. When this is recognised, the maxim - alongside other interpretative methods - promises to aid the flexible parallel application of IHL and economic, social and cultural (ESC) rights to non-international armed conflicts. Despite developments in customary IHL applicable to non-international armed conflicts, the distinction between international and non-international armed conflicts remains relevant in IHL. Likewise, questions remain regarding the threshold of application of some IHL rules. These factors will affect the parallel application of IHL and the ICESCR to non-international armed conflicts. The scope of state obligations under the ICESCR in times of armed conflict has received little attention so far. It is argued that this scope is determined by two Articles: the notion to 'take steps' towards the 'progressive realisation' of ESC rights in Article 2(1) ICESCR, and by Article 4 ICESCR, the Covenant's general limitation clause. It is shown that the minimum core approach can be helpful in interpreting both Articles - minimum core rights should be implemented as a matter of highest priority even in times of armed conflict. It is further argued that no derogations are permitted from the right to health and other ESC rights in times of armed conflict, in particular not from their minimum cores. Building on these findings and focusing on health-related issues, the thesis analyses how a relative and context-sensitive lex specialis maxim can assist in easing substantial tensions between elements of the right to health and IHL relating to the targeting of military objectives, in particular so-called 'dual-use' objects. IHL rules on military targeting are found most likely to be given preference in situations of active combat. Nonetheless, the simultaneous application of the right to health will ensure that adverse long-term public health and other socio-economic consequences of NIACs for civilians are not ignored even when hostilities are ongoing and military-target decisions are made. It is also shown that IHL on the protection and care of the wounded and sick and the right to health complement each other well in mitigating the direct and indirect health consequences of armed conflicts, similarly supported by a context-sensitive use of lex specialis. With certain nuances, these findings apply to the relationship between IHL and ESC rights more generally. The operationalisation of this thesis' findings, and of the legal implications of the parallel application of other ESC rights and IHL, requires further efforts. It is concluded that the development of guidelines that assist practitioners in assessing the flexible relationship between IHL and the ICESCR in a given situation are the most functional option in that regard.
Author: Asbjørn Eide
Publisher: BRILL
ISBN: 9047433866
Category : Law
Languages : en
Pages : 801
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Book Description
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.
Author: Mashood A. Baderin
Publisher: Oxford University Press, USA
ISBN:
Category : Business & Economics
Languages : en
Pages : 536
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Book Description
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.
Author: Walter Kälin
Publisher: Oxford University Press
ISBN: 0192559672
Category : Law
Languages : en
Pages : 608
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Book Description
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.
Author: Elsa Stamatopoulou
Publisher: BRILL
ISBN: 9004157522
Category : Law
Languages : en
Pages : 353
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Book Description
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.
Author: Francisco Forrest Martin
Publisher: Cambridge University Press
ISBN: 9781139448932
Category : Political Science
Languages : en
Pages : 1028
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Book Description
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.
Author: Matthew C. R. Craven
Publisher: Oxford University Press, USA
ISBN:
Category : Human rights
Languages : en
Pages : 456
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Book Description
E. Rest and Leisure
