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Table of Cases ix
Table of Statutes xv
List of Contributors xxi
PART I INTRODUCTION
1. The International Covenant on Economic, Social and Cultural Rights: Forty Years of Development 3
MashoodA. Baderin and Robert McCorquodale
PART II THE STRUCTURE AND SCOPE OF OBLIGATIONS UNDER THE ICESCR
2. Towards Integration of United Nations Human Rights Treaty Body Recommendations: The Rights-Based Approach Model 27
Michael OFlaherty
3. Human Rights-Based Approaches to Development: Towards Accountability 45
Patrick Twomey
4. The Violence of Dispossession: Extra-Territoriality and Economic, Social, and Cultural Rights 71
Matthew Craven
5. The Applicability of Economic and Social Rights to the UN Security Council 89
Nigel D. White
6. Non-State Actors and Economic, Social, and Cultural Rights 109
Manisuli Ssenyonjo
PART III REGIONAL AND COMPARATIVE UNDERSTANDINGS OF ESC RIGHTS
7. The Mrican Commission on Human and Peoples' Rights and the Implementation of Economic, Social, and Cultural Rights in Africa 139
Mashood A. Baderin
8. Economic, Social, and Cultural Rights in the Inter-American System 167
Veronica Gomez
9. Violations of Economic, Social, and Cultural Rights: The Current Use and Future Potential of the Collective Complaints Mechanism of the European Social Charter 195
Robin R Churchill and Urfan Khaliq
10. Economic and Social Interests and the European Convention on Human Rights 241
Colin Warbrick
11. The United Kingdom and the International Covenant on Economic, Social and Cultural Rights 257
Ed Bates
PART IV APPLICATIONS OF ESC RIGHTS
12. A Human Rights-Based Approach to Health Indicators 303
Paul Hunt and Gillian MacNaughton
13. The Rights to Social Security and Social Assistance: Towards an
Analytical Framework 331
Jennifer Tooze
14. Democracy and the Promotion and Protection of
Socio-Economic Rights 361
Richard Burchill
15. Trade to Live or Live to Trade: The World Trade Organization,
Development, and Poverty 389
Sarah Joseph
16. The Right to Development as Applied in National Law 417
Jane Ansah
17. Culture, Cultures, and Cultural Rights 447
Dominic McGoldrick
Index 475
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출판사 책소개
The protection of economic, social, and cultural rights, such as a safe working environment, access to health care and education, and the ability to maintain culture, is vital for everyone, no matter where they live. This book sets out some of the important legal issues about these rights, including who has obligations, when they apply, and how they are relevant to contemporary concerns, such as trade and democracy.
On 16 December 1966 the United Nations adopted the International Covenant on Economic, Social and Cultural Rights. This was the first global treaty that established legal obligations on states to protect a range of important economic, social, and cultural rights. Forty years later the vast majority of States have ratified this treaty. Despite this history, there remains considerable debate, both within the literature and within the international community generally,about the concept and application of economic, social, and cultural rights. This collection gives a coherent analysis of many of the key issues, both in concept and in application, relevant to economic, social, and cultural rights. The authors of the chapters, many of whom are leading scholars in their fields with significant experience in practice, examine how the obligations to protect these rights have been applied today, including their application to the Security Council and to non-state actors, as well as in the context of development and dispossession. They provide important universal and regional comparative perspectives on the development and implementation of these rights, and consider some of the contemporaryissues relating to these rights, such as trade, health, and social security.
On 16 December 1966 the United Nations adopted the International Covenant on Economic, Social and Cultural Rights. This was the first global treaty that established legal obligations on states to protect a range of important economic, social, and cultural rights. Forty years later the vast majority of States have ratified this treaty. Despite this history, there remains considerable debate, both within the literature and within the international community generally,about the concept and application of economic, social, and cultural rights. This collection gives a coherent analysis of many of the key issues, both in concept and in application, relevant to economic, social, and cultural rights. The authors of the chapters, many of whom are leading scholars in their fields with significant experience in practice, examine how the obligations to protect these rights have been applied today, including their application to the Security Council and to non-state actors, as well as in the context of development and dispossession. They provide important universal and regional comparative perspectives on the development and implementation of these rights, and consider some of the contemporaryissues relating to these rights, such as trade, health, and social security.
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