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Litigating Transnational Human Rights Obligations - Alternative Judgments (Hardcover, New)
Loot Price: R4,329
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Litigating Transnational Human Rights Obligations - Alternative Judgments (Hardcover, New)
Series: Routledge Research in Human Rights Law
Expected to ship within 12 - 17 working days
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Human rights have traditionally been framed in a vertical
perspective with the duties of States confined to their own
citizens or residents. Obligations beyond this territorial space
have been viewed as either being absent or minimalistic at best.
However, the territorial paradigm has now been seriously challenged
in recent years in part because of the increasing awareness of the
ability of States and other actors to impact human rights far from
home both positively and negatively. In response to this awareness
various legal principles have come into existence setting out some
transnational human rights obligations of varying degrees. However,
notwithstanding these initiatives, judicial institutions and
monitoring bodies continue to show an enormous hesitancy in moving
beyond a territorial reading of international human rights law.
This book addresses the issue in an innovative and challenging way
by crafting legally sound hypothetical "judgments" from a number of
adjudicatory fora. The judgments are based on real world situations
where extraterritorial or transnational issues have emerged, and
draw on existing international human rights law, albeit a
progressive interpretation of this law. The book shows that there
are a number of judicial and quasi-judicial systems where
transnational human rights claims can, and should be enforced.
These include: the World Trade Organization; the International
Court of Justice; the regional human rights monitoring bodies;
domestic courts; and the UN treaty bodies. Each hypothetical
judgment is accompanied by detailed commentary placing it in
context in order to show how international human rights law can
address issues of a transnational character. The book will be of
interest to human scholars and lawyers, practitioners, activists
and aid officials.
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