Universal Human Rights and Extraterritorial Obligations

Universal Human Rights and Extraterritorial Obligations PDF Author: Mark Gibney
Publisher: University of Pennsylvania Press
ISBN: 0812204840
Category : Political Science
Languages : en
Pages : 264

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Book Description
Globalization challenges fundamental principles governing international law, especially with respect to state sovereignty and international relations. This transformation has had a significant impact on the practice of trade law, financial regulation, and environmental law but relatively little effect on one area of law and regulation: human rights. Universal Human Rights and Extraterritorial Obligations examines both the international and domestic foundations of human rights law. What other contemporary human rights debates have almost totally ignored is that in an increasingly interdependent world—where public and private international actors have great influence on the lives of individuals everywhere—it is insufficient to assess only the record of domestic governments in human rights. It is equally important to assess the effect of actions taken by intergovernmental organizations, international private entities, and foreign states. From this standpoint, contributors to this book address how states' actions or omissions may affect the prospects of individuals in foreign states and asks important questions: To what extent do agricultural policies of rich countries influence the right to food in poorer countries? How do decisions to screen asylum seekers outside state borders affect refugee rights? How does cooperation among different states in the "war on terror" influence individuals' rights to be free from torture? This volume presents a brief for a more complex and updated approach to the protection of human rights worldwide.

Universal Human Rights and Extraterritorial Obligations

Universal Human Rights and Extraterritorial Obligations PDF Author: Mark Gibney
Publisher: University of Pennsylvania Press
ISBN: 0812204840
Category : Political Science
Languages : en
Pages : 264

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Book Description
Globalization challenges fundamental principles governing international law, especially with respect to state sovereignty and international relations. This transformation has had a significant impact on the practice of trade law, financial regulation, and environmental law but relatively little effect on one area of law and regulation: human rights. Universal Human Rights and Extraterritorial Obligations examines both the international and domestic foundations of human rights law. What other contemporary human rights debates have almost totally ignored is that in an increasingly interdependent world—where public and private international actors have great influence on the lives of individuals everywhere—it is insufficient to assess only the record of domestic governments in human rights. It is equally important to assess the effect of actions taken by intergovernmental organizations, international private entities, and foreign states. From this standpoint, contributors to this book address how states' actions or omissions may affect the prospects of individuals in foreign states and asks important questions: To what extent do agricultural policies of rich countries influence the right to food in poorer countries? How do decisions to screen asylum seekers outside state borders affect refugee rights? How does cooperation among different states in the "war on terror" influence individuals' rights to be free from torture? This volume presents a brief for a more complex and updated approach to the protection of human rights worldwide.

Global Justice, State Duties

Global Justice, State Duties PDF Author: Malcolm Langford
Publisher: Cambridge University Press
ISBN: 1107012775
Category : Law
Languages : en
Pages : 497

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Book Description
Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.

Extraterritorial Application of Human Rights Treaties

Extraterritorial Application of Human Rights Treaties PDF Author: Marko Milanovic
Publisher: Oxford University Press
ISBN: 0199696209
Category : Law
Languages : en
Pages : 301

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Book Description
Expanded version of author's thesis (doctoral)--University of Cambridge, 2010.

The Routledge Handbook on Extraterritorial Human Rights Obligations

The Routledge Handbook on Extraterritorial Human Rights Obligations PDF Author: Mark Gibney
Publisher: Routledge
ISBN: 1000466132
Category : Political Science
Languages : en
Pages : 500

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Book Description
The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

Beyond National Borders

Beyond National Borders PDF Author: Sigrun Skogly
Publisher: Intersentia nv
ISBN: 9050954340
Category : Exterritoriality
Languages : en
Pages : 235

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Book Description
Within and outside the legal and academic professions, it is now increasingly recognised that the human rights consequences of states' actions are not limited to the domestic sphere but quite often transcend national borders. This is a challenge to the human rights community, which up to the present time has focused almost exclusively on human rights violations and protections solely within a national setting. The term "extraterritorial" effect/application/obligation in international law refers to acts that are taken by one actor (state) that have some kind of effect within another country's territory, with or without this second country's implicit or explicit agreement. Extraterritoriality within international human rights law, then, concerns actions or omissions by one state that have an effect on the human rights of individuals in another state - with or without this other state's agreement. This effect may be positive or negative in that such actions or omissions by foreign states may contribute positively to the enjoyment of human rights; or alternatively, they may result in a deteriorated human rights situation, and even human rights violations. This book gives, for the first time, a comprehensive analysis of extraterritorial obligations in international human rights law by placing the discussion in a larger international law context, interpreting obligations in the various sources of international human rights law, and discussing the way in which extraterritoriality has been approached by international courts and human rights implementation bodies in the United Nations and regional systems.

Extraterritorial Application of Human Rights Treaties

Extraterritorial Application of Human Rights Treaties PDF Author: Fons Coomans
Publisher: Intersentia nv
ISBN: 9050953948
Category : Exterritoriality
Languages : en
Pages : 295

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Book Description
"Whether as a result of the war on terrorism, foreign military intervention, economic globalisation or otherwise, state conduct increasingly affects the human rights of individuals beyond its own borders ... This book focuses on the extraterritorial application of four key human rights treaties: the two UN Covenants on Human Rights and the American and European Conventions on Human Rights. It points out inconsistencies in the practice of the supervisory bodies of these treaties and discusses the pros and cons of both a restrictive and an expansive approach."--Back cover.

Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development

Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development PDF Author: Niels M. Blokker
Publisher: BRILL
ISBN: 9004459898
Category : Law
Languages : en
Pages : 494

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Book Description
This rich collection focuses on the broad research interests of Professor Nico Schrijver, in whose honour it was created. Written by a wide range of international scholars affiliated with Leiden University's Grotius Centre for International Legal Studies, the essays reflect Professor Schrijver's important contribution to academia and practice, particularly in the fields of sovereignty, human rights and sustainable development. The authors aim to reflect on changes in international law and on new developments in the diverse fields they explore. "Furthering frontiers" is the research theme of the Grotius Centre. Its exploration in this thought-provoking volume is a fitting homage to Nico Schrijver's achievements on the occasion of his retirement as Chair of Public International Law of Leiden University.

The Frontiers of Human Rights

The Frontiers of Human Rights PDF Author: Nehal Bhuta
Publisher: Oxford University Press
ISBN: 019876927X
Category : Law
Languages : en
Pages : 254

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Book Description
In an epoch of transnational armed conflict, global environmental harm, and rising inequality, the extraterritorial application of human rights law has become a pressing and controversial legal issue. The faultlines of the Westphalian order are the meridians along which the extraterritorial application of human rights run, as human rights are invoked to address a panoply of global-scale problems, from transborder environmental harm, to social and economic development and global inequality, to the repression of piracy in ungoverned spaces, and military occupation and armed conflict in the territory of a third state.

Guiding Principles on Business and Human Rights

Guiding Principles on Business and Human Rights PDF Author: United Nations. Office of the High Commissioner for Human Rights
Publisher:
ISBN: 9789211542011
Category : Political Science
Languages : en
Pages : 0

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Book Description
"This publication contains the 'Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework', which were developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. The Special Representative annexed the Guiding Principles to his final report to the Human Rights Council (A/HRC/17/31), which also includes an introduction to the Guiding Principles and an overview of the process that led to their development. The Human Rights Council endorsed the Guiding Principles in its resolution 17/4 of 16 June 2011."--P. iv.

Sustainable Development Goals and Human Rights

Sustainable Development Goals and Human Rights PDF Author: Markus Kaltenborn
Publisher: Springer Nature
ISBN: 3030304698
Category : Climatic changes
Languages : en
Pages : 246

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Book Description
This open access book analyses the interplay of sustainable development and human rights from different perspectives including fight against poverty, health, gender equality, working conditions, climate change and the role of private actors. Each aspect is addressed from a more human rights-focused angle and a development-policy angle. This allows comparisons between the different approaches but also seeks to close gaps which would remain if only one perspective would be at the center of the discussions. Specifically, the book shows the strong connections between human rights and the objectives of the 2030 Agenda for Sustainable Development and the Sustainable Development Goals adopted by the United Nations in 2015. Already the preamble of this document explicitly states that "the 17 Sustainable Development Goals ... seek to realise the human rights of all". Moreover, several goals and targets of the 2030 Agenda correspond to already existing individual human rights obligations. The contributions of this volume therefore also address how the implementation of human rights and SDGs can reinforce each other, but also point to critical shortcomings of the different approaches.