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For several decades, social rights lacked proper recognition in
international law, being qualified as aspirational goals rather
than rights, and therefore not enjoying the same level of
protection or status as other human rights. This comprehensive
Research Handbook provides a comparative overview of the history,
nature and current status of social rights at the universal and
regional level. Tracing their evolution from rather modest
beginnings, to becoming the category of rights responding most
accurately to the 21st century's policy objectives of poverty
eradication and equitable resource allocation, this Research
Handbook assesses the mechanisms used to enhance the implementation
and enforcement of social rights. Offering in-depth discussion of
current debates in the field of social rights and international
law, expert contributors analyse the ability of these rights to act
as a tool to fight inequality, as well as to protect and ensure
diversity. In so doing, they examine how social rights now play a
central role in the shift from a state-centred to a value-based
global order. This Research Handbook will be a useful resource for
students and academics working on social rights in international
human rights law and other fields of public international law. It
will also be of value to lawyers, NGOs and state officials
concerned with the enforcement and implementation of social rights.
Contributors include: V. Bilkova, C. Binder, J.P. Bohoslavsky, D.M.
Chirwa, A. Constantinides, J. Cortez da Cunha Cruz, E. De
Brabandere, M. de Carvalho Hernandez, E. Dermine, M. Dobri , E.
Ferrer Mac-Gregor, M. Goldmann, M. Gongora-Mera, J.A. Hofbauer, D.
Ikawa, P. Janig, Z. K dzia, A. Kendrick, T. Kleinlein, E.
Lopez-Jacoiste, K. Lukas, S. McInerney-Lankford, A. Mkhonza, M.
Morales Antoniazzi, A. Muller, Y. Negishi, M. Nowak, K. Olaniyan,
L.C. Pautassi, F. Piovesan, E. Schmid, J. Schoensteiner, F. Seatzu,
A. Ubeda de Torre, F. Viljoen, R. Wilde, I.T. Winkler
This ground-breaking collection of essays outlines and explains the
unique development of Latin American jurisprudence. It introduces
the idea of the Ius Constitutionale Commune en America Latina
(ICCAL), an original Latin American path of transformative
constitutionalism, to an Anglophone audience for the first time. It
charts the key developments that have transformed the region and
assesses the success of the constitutional projects that followed a
period of authoritarian regimes in Latin America. Coined by
scholars who have been documenting, conceptualizing, and comparing
the development of Latin American public law for more than a
decade, the term ICCAL encompasses themes that cross national
borders and legal fields, taking in constitutional law,
administrative law, general public international law, regional
integration law, human rights, and investment law. Not only does
this volume map the legal landscape, it also suggests measures to
improve society via due legal process and a rights-based,
supranational and regionally rooted constitutionalism. The editors
contend that with the strengthening of democracy, the rule of law,
and human rights, common problems such as the exclusion of wide
sectors of the population from having a say in government, as well
as corruption, hyper-presidentialism, and the weak normativity of
the law can be combatted more effectively in future.
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