Economic, Social, and Cultural Rights in International Law : Contemporary Issues and Challenges

Recent years have seen an expansion in the scale and importance of economic, social, and cultural rights within international law. This has led to the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in December 2008, giving individuals and groups the ability to bring complaints about violations of these rights before the UN Committee on Economic, Social and Cultural Rights. In this context, this book assesses how effective efforts have been to realise international ESC rights, investigating the contemporary challenges obstructing their protection. It investigates the impact of the global financial crisis, the need for ESC rights to be implemented in a non-discriminatory manner, and the interrelationship between ESC rights and other international legal regimes. It provides a careful analysis of the new tools and indicators available to measure the progressive realisation of ESC rights. This book clarifies and illuminate the multiple aspects of the law governing ESC rights, by bringing together all the different aspects of ESC rights, re-stating 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 in their realization, the book contains over twenty essays on the main issues related to the progressive realization of ESC rights and their monitoring mechanisms. The authors of the chapters, both scholars and practitioners, take an interdisciplinary approach to move beyond the traditional analysis of ESC rights, contextualizing their discussions against wider contemporary international law challenges. In reflecting this diversity of perspectives, the book sheds light on the new methodologies for implementation and the many obstacles faced by the realization of ESC rights. It is invaluable reading for scholars, students, practitioners, and NGOs working with or studying ESC rights. Economic, Social, And Cultural Rights Are Protected By An International Covenant, Recently Amended By The Optional Protocol Which Allows Individuals To Bring Rights Violations Before A Un Committee. This Book Addresses How Successfully These Rights Are Implemented And Safeguarded Worldwide, Assessing The Key Challenges To Their Protection. I. Introduction 1. Gilles Giacca, Christophe Golay, And Eibe Riedel: Addressing The Issues And Challenges Confronting Esc Rights Ii. Challenges In The Protection Of Esc Rights In Times Of Crisis 2. Gilles Giacca: The Protection Of Socio-economic Rights In Armed Conflict: Challenges And Prospects 3. Mary Dowell-jones: The Bond Markets And Socio-economic Rights: Understanding The Challenge Of Austerity 4. Ignazio Saiz And Sally-anne Way: The Global Economic Crisis And Its Implications For Economic And Social Rights 5. Olivier De Schutter: Companies And Esc Rights: The Need For A New Deal? Iii. Interrelationship Of Esc Rights With Other Legal Regimes 6. Hans Morten Haugen: Trade And Investment Agreements: What Role For Esc Rights In International Economic Law? 7. Holger P. Hestermeyer: Esc Rights In The World Trade Organization: Legal Aspects And Reality 8. Jorge E. Viñuales And Stéphanie Chuffard: From The Other Shore: Esc Rights From An International Environmental Law Perspective 9. Michelle Foster: International Refugee Law And Socio-economic Rights 10. Larissa Van Den Herik: Economic, Social And Cultural Rights -- International Criminal Law's Blind Spot? Iv. Challenges Of Non-discrimination And Equality In Esc Rights 11. Ioana Cismas: Revisiting The Intersection Of Economic, Social And Cultural Rights And Civil And Political Rights 12. Sandra Ratjen: Non-discrimination, Substantive Equality, And The Realization Of Esc Rights For All 13. Christine Chinkin: Esc Rights And Gender V. New Concepts And Tools To Measure The Progressive Realization Of Esc Rights 14. Eibe Riedel: Indicators And Benchmarks -- A Golden Metwand For Esc Rights Monitoring? 15. Aoife Nolan: Budget Analysis And Economic And Social Rights 16. Simon Walker: Human Rights Impact Assessments: Emerging Practice And Challenges 17. Tahmina Karimova: Obligation Of International Assistance And Cooperation In Development Cooperation: A Legal Map With Areas Of Shade And Light 18. Sigrun Skogly: 'available Resources' And Extraterritorial Human Rights Obligations: The Qualitative Challenge To International Assistance And Cooperation Vi. New Trends In Monitoring Esc Rights At The International And National Level 19. Nico Schrijver: The International Court Of Justice And Esc Rights 20. Malcolm Langford: New Trends In National Jurisprudence On Esc Rights 21. Duncan Wilson And Allison Corkery: The Role Of National Human Rights Institutions In Monitoring Esc Rights 22. Frank Haldemann And Rachelle Kouassi: Esc Rights And Transitional Justice. Edited By Eibe Riedel, Gilles Giacca, And Christophe Golay. This Book Was Developed Based Upon An Experts Meeting Organized At The Villa Moynier In Geneva On 10 And 11 February 2011. The Initiative Was Part Of The Swiss Human Rights Chair's Projects Supported By The Swiss Department Of Foreign Affairs (fdfa) And Implemented By The Geneva Academy Of International Humanitarian Law And Human Rights (the Geneva Academy)--page [v]. Includes Bibliographical References And Index. Introduction 1: Gilles Giacca, Christophe Golay, and Eibe Riedel: The Development of Economic, Social, and Cultural Rights in International Law II. Challenges in the Protection of ESC Rights in Times of Crisis 2: Mary Dowell-Jones: The Sovereign Bond Markets and Socio-Economic Rights: Understanding the Challenge of Austerity 3: Sally-Anne Way, Nicholas Lusiani, and Ignacio Saiz: Economic and Social Rights in the 'Great Recession': Towards a Human Rights-Centered Economic Policy in Times of Crisis 4: Sandra Ratjen and Manav Satija: Realising Economic, Social, and Cultural Rights for All 5: Christine Chinkin: Gender and Economic, Social, and Cultural Rights III. International Dimension of ESC Rights Obligations 6: Takhima Karimova: The Nature and Meaning of 'International Assistance and Cooperation' under the International Covenant on Economic, Social, and Cultural Rights 7: Olivier De Schutter: Corporations and Economic, Social, and Cultural Rights IV. The Relationship between ESC Rights and Other Legal Regimes 8: Hans Morten Haugen: Trade and Investment Agreements: What Role for Economic, Social, and Cultural Rights in international Economic Law? 9: Holger P. Hestermayer: Economic, Social, and Cultural Rights in the World Trade Organization: Legal Aspects and Practice 10: Stephanie Chuffart and Jorge E. Viñuales: From the Other Shore: Economic, Social, and Cultural Rights from an International Environmental Law Perspective 11: Gilles Giacca: The Relationship between Economic, Social, and Cultural Rights and International Humanitarian Law 12: Larissa van den Herik: 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: Aoife Nolan: Budget Analysis and Economic and Social Rights 14: Simon Walker: 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: Malcolm Langford: Judicial Review in National Courts: Recognition and Responsiveness 16: Ioana Cismas: The Intersection of Economic, Social, and Cultural Rights and Civil and Political Rights 17: Allison Corkery and Duncan Wilson: Building Bridges: National Human Rights Institutions and Economic, Social, and Cultural Rights 18: Frannk Halderman and Rachelle Kouassi: Transitional Justice Without Economic, Social, and Cultural Rights? Présentation de l'éditeur : "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." Recent years have seen a remarkable expansion in the scale and importance of economic, social, and cultural rights (ESC rights), culminating in the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in December 2008. The Protocol gives individuals and groups the ability to bring complaints about rights violations before the UN Committee on Economic, Social, and Cultural Rights. Against this background, this book focuses on the question of how fundamental socio-economic human rights enshrined in international law are defined, interpreted, understood, and implemented. It assesses how effective efforts to realize ESC rights have been and investigates the contemporary challenges obstructing their protection. It sets out the impact of the global financial crisis and austerity measures, the human rights responsibilities of corporations, and trends in the justiciability of those rights at the national and international level. The interrelationship between ESC rights and other legal regimes such as trade and investment law, environmental law, international criminal law, and international humanitarian law is also thoroughly examined. After an introduction by the editors the book contains seventeen chapters looking at the main questions which shape the progressive realization 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. In doing so, they clarify and illuminate multiple aspects of the law 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. Content: I. INTRODUCTION II. CHALLENGES IN THE PROTECTION OF ESC RIGHTS IN TIMES OF CRISIS III. INTERNATIONAL DIMENSION OF ESC RIGHTS OBLIGATIONS IV. THE RELATIONSHIP BETWEEN ESC RIGHTS AND OTHER LEGAL REGIMES V. NEW CONCEPTS AND TOOLS TO MEASURE THE PROGRESSIVE REALIZATION OF ESC RIGHTS VI. TRENDS IN THE JUSTICIABILITY AND MONITORING OF ESC RIGHTS AT THE NATIONAL AND INTERNATIONAL LEVEL "This book was developed based upon an experts meeting organized at the Villa Moynier in Geneva on 10 and 11 February 2011. The initiative was part of the Swiss Human Rights Chair's projects supported by the Swiss Department of Foreign Affairs (FDFA) and implemented by the Geneva Academy of International Humanitarian Law and Human Rights (the Geneva Academy)."--Acknowledgments