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Economic, Social, and Cultural Rights in International Law - Contemporary Issues and Challenges (Hardcover)
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Economic, Social, and Cultural Rights in International Law - Contemporary Issues and Challenges (Hardcover)
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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.
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