ISBN : 9780199685974
Recent years have seen a remarkable expansion in the scale and importance of economic, social, and cultural rights (ESC rights) within international law, culminating in the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in December 2008, which gave individuals and groups the ability to bring complaints about rights violations before the UN Committee on Economic, Social and Cultural Rights. In this context, this book centres on the question of how the fundamental socio-economic human rights that are enshrined in international law are defined, interpreted, understood, and implemented. It assesses how effective efforts have been in realising ESC rights by investigating the contemporary challenges obstructing their protection. It investigates the impact of the global financial crisis and austerity measures, the human rights responsibilities of corporations, and the trends in the justiciability of those rights at the national and international level. The interrelationship between ESC rights and other legal regimes such as international economic law, trade and investment law, environmental law, international criminal law, or international humanitarian law is also thoroughly examined. It provides a careful analysis of the new tools and indicators available to measure the progressive realisation of ESC rights. This book clarifies and illuminates multiple aspects of the law governing ESC rights 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. After an introduction by the editors on ESC rights and the contemporary issues that impact their realisation, the book contains seventeen further essays on the main questions which couch the progressive realisation 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, contextualising their discussions through wider contemporary international law challenges. In reflecting this diversity of perspectives, this book sheds light on new methodologies for the implementation of ESC rights as well as the various obstacles they face.
1. The Development of Economic, Social, and Cultural Rights in International Law
II. CHALLENGES IN THE PROTECTION OF ESC RIGHTS IN TIMES OF CRISIS
2. The Sovereign Bond Markets and Socio-Economic Rights: Understanding the Challenge of Austerity
3. Economic and Social Rights in the 'Great Recession': Towards a Human Rights-Centered Economic Policy in Times of Crisis
4. Realising Economic, Social, and Cultural Rights for All
5. Gender and Economic, Social, and Cultural Rights
III. INTERNATIONAL DIMENSION OF ESC RIGHTS OBLIGATIONS
6. The Nature and Meaning of 'International Assistance and Cooperation' under the International Covenant on Economic, Social, and Cultural Rights
7. Corporations and Economic, Social, and Cultural Rights
IV. THE RELATIONSHIP BETWEEN ESC RIGHTS AND OTHER LEGAL REGIMES
8. Trade and Investment Agreements: What Role for Economic, Social, and Cultural Rights in international Economic Law?
9. Economic, Social, and Cultural Rights in the World Trade Organization: Legal Aspects and Practice
10. From the Other Shore: Economic, Social, and Cultural Rights from an International Environmental Law Perspective
11. The Relationship between Economic, Social, and Cultural Rights and International Humanitarian Law
12. Economic, Social, and Cultural Rights: International Criminal Law's Blind Spot?
V. NEW CONCEPTS AND TOOLS TO MEASURE THE PROGRESSIVE REALIZATION OF ESC RIGHTS
13. Budget Analysis and Economic and Social Rights
14. Human Rights Impact Assessments: Emerging Practice and Challenges
VI. TRENDS IN THE JUSTICIABILITY AND MONITORING OF ESC RIGHTS AT THE NATIONAL AND INTERNATIONAL LEVEL
15. Judicial Review in National Courts: Recognition and Responsiveness
16. The Intersection of Economic, Social, and Cultural Rights and Civil and Political Rights
17. Building Bridges: National Human Rights Institutions and Economic, Social, and Cultural Rights
18. Transitional Justice Without Economic, Social, and Cultural Rights?