Economic Social And Cultural Rights In Armed Conflict

Author : Gilles Giacca
Publisher : OUP Oxford
Page : 414 pages
File Size : 50,5 Mb
Release : 2014-10-02
Category : Law
ISBN : 9780191026911

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Economic, Social, and Cultural Rights in Armed Conflict by Gilles Giacca Pdf

This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged. Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application.

Author : Amrei Müller
Publisher : Martinus Nijhoff Publishers
Page : 363 pages
File Size : 48,6 Mb
Release : 2013-04-17
Category : Law
ISBN : 9789004245280

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The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law by Amrei Müller Pdf

In The Relationship between Economic, Social and Cultural Rights and International Humanitarian Law, Amrei Müller offers a detailed analysis of the legal consequences of the parallel application of economic, social and cultural rights and international humanitarian law to non-international armed conflicts.

Author : Gilles Giacca
Publisher : OUP Oxford
Page : 414 pages
File Size : 42,9 Mb
Release : 2014-10-02
Category : Law
ISBN : 9780191026904

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Economic, Social, and Cultural Rights in Armed Conflict by Gilles Giacca Pdf

This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged. Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application.

Author : Gilles Giacca
Publisher : Unknown
Page : 312 pages
File Size : 42,6 Mb
Release : 2013
Category : Electronic
ISBN : OCLC:1040709115

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Economic, Social, and Cultural Rights in Armed Conflict and Other Situations of Armed Violence by Gilles Giacca Pdf

Author : Eibe Riedel,Gilles Giacca,Christophe Golay
Publisher : OUP Oxford
Page : 650 pages
File Size : 52,7 Mb
Release : 2014-03-13
Category : Law
ISBN : 9780191509582

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Economic, Social, and Cultural Rights in International Law by Eibe Riedel,Gilles Giacca,Christophe Golay Pdf

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.

Author : Andrew Clapham,Paola Gaeta,Tom Haeck,Alice Priddy
Publisher : OUP Oxford
Page : 1009 pages
File Size : 48,8 Mb
Release : 2014-03-13
Category : Law
ISBN : 9780191632693

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The Oxford Handbook of International Law in Armed Conflict by Andrew Clapham,Paola Gaeta,Tom Haeck,Alice Priddy Pdf

Over the past ten years the content and application of international law in armed conflict has changed dramatically. This Oxford Handbook provides an authoritative and comprehensive study of the role of international law in armed conflict and engages in a broad analysis of international humanitarian law, human rights law, refugee law, international criminal law, environmental law, and the law on the use of force. With an international group of expert contributors, the Handbook has a global, multi-disciplinary perspective on the place of law in war. The Handbook consists of 32 chapters in seven parts. Part I provides the historical background of international law in armed conflict and sets out its contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces crucial concepts in humanitarian law: the use of weapons, proportionality, the principle of distinction, and internal armed conflict. Part V looks at rights issues: life, torture, fair trials, the environment, economic, social and cultural rights, the protection of cultural property, and the human rights of members of the armed forces. Part VI covers key issues in times of conflict: the use of force, terrorism, unlawful combatants, mercenaries, forced migration, and issues of gender. Part VII deals with accountability for war crimes, the responsibility of non-state actors, compensation before national courts, and, finally, transitional justice.

Author : Chandra Lekha Sriram,Olga Martin-Ortega,Johanna Herman
Publisher : Routledge
Page : 272 pages
File Size : 40,8 Mb
Release : 2014-01-16
Category : History
ISBN : 9781135019464

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War, Conflict and Human Rights by Chandra Lekha Sriram,Olga Martin-Ortega,Johanna Herman Pdf

"War, Conflict and Human Rights is an innovative, interdisciplinary textbook combining aspects of law, politics, and conflict analysis to examine the relationship between human rights and armed conflict. This second edition has been revised and updated, making use of both theoretical and practical approaches. Over the course of the book, the authors: - examine the tensions and complementarities between protection of human rights and resolution of conflict, including the competing political demands and the challenges posed by internal armed conflict; - analyse the different obligations and legal regimes applicable to state and non-state actors, including non-state armed groups, multinational corporations and private military and security companies; - explore the scope and effects of human rights violations in contemporary armed conflicts, such as those in Sierra Leone, Sudan, the Democratic Republic of Congo, the former Yugoslavia, and Cambodia, and reflect on recent events of the "Arab Spring"; - assess the legal and institutional accountability mechanisms developed in the wake of armed conflict to punish violations of human rights law, and international humanitarian law such as the ad hoc tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court, as well as other mechanisms of transitional justice; - discuss continuing and emergent global trends and challenges in the fields of human rights and conflict analysis. This volume will be essential reading for students of war and conflict studies, human rights, and international humanitarian law, and highly recommended for students of conflict resolution, peacebuilding, international security and international relations, generally"--

Author : Daria Davitti
Publisher : Unknown
Page : 288 pages
File Size : 46,9 Mb
Release : 2019
Category : Electronic
ISBN : 1509911650

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Investment and Human Rights in Armed Conflict by Daria Davitti Pdf

"This book analyses the way in which international human rights law (IHRL) and international investment law (IIL) are deployed - or fail to be deployed - in conflict countries within the context of natural resources extraction. It specifically analyses the way in which IIL protections impact on the parallel protection of economic, social and cultural rights (ESC rights) in the host state, especially the right to water. Arguing that current responses have been unsatisfactory, it considers the emergence of the 'Protect, Respect and Remedy' framework and the Guiding Principles for Business and Human Rights (jointly the Framework) as a possible analytical instrument. In so doing, it proposes a different approach to the way in which the Framework is generally interpreted, and then investigates the possible applicability of this 'recalibrated' Framework to the study of the IHRL-IIL interplay in a host country in a protracted armed conflict: Afghanistan. Through the emblematic example of Afghanistan, the book presents a practical dimension to its legal analysis. It uniquely portrays the elusive intersection between these two bodies of international law within a host country where the armed conflict continues to rage and a full economic restructuring is taking place away from the public eye, not least through the deployment of IIL and the inaction - or merely partial consideration - of IHRL. The book will be of interest to academics, policy-makers, and practitioners of international organisations involved in IHRL, IIL and/or deployed in contexts of armed conflict."--Bloomsbury Publishing.

Author : Ben Saul
Publisher : Oxford University Press
Page : 2054 pages
File Size : 52,9 Mb
Release : 2016-12-15
Category : Law
ISBN : 9780191074974

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The International Covenant on Economic, Social and Cultural Rights by Ben Saul Pdf

This book is the first collection of the drafting records of the one of the world's two foremost human rights treaties, the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966. It makes an important contribution to understanding the origins and meaning of economic and social rights, which were drafted over almost two decades years between 1947 and 1966. There is increasing global interest in the stronger protection of economic, social, and cultural rights, which are vital to the survival, dignity, and prosperity of everyone. Since 2013, individuals have been able to complain to the United Nations about violations of their rights, and action can also often be taken through regional and national human rights procedures. In this context, many of the current debates surrounding economic and social rights can be best understood in the light of their drafting history. This book judiciously selects, and chronologically presents, the most important drafting documents or extracts thereof between 1947 and 1966. The book contains an extensive annotated table of documents, allowing researchers to track the progress of the key rights and issues in the drafting. It also includes an original analytical introductory essay, which summarises and analyses the main procedural and substantive developments during the drafting. The essay charts the many influences on the recognition of economic and social rights at a key moment in history: the aftermath of the Second World War, which demonstrated the need to eliminate the economic and social causes of threats to global peace and security. This book is essential reading for scholars, practitioners, and students of international human rights law.

Author : Orna Ben-Naftali
Publisher : OUP Oxford
Page : 424 pages
File Size : 50,6 Mb
Release : 2011-01-13
Category : Law
ISBN : 9780191018565

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International Humanitarian Law and International Human Rights Law by Orna Ben-Naftali Pdf

The idea that international humanitarian law (IHL) and international human rights law (IHRL) are complementary, rather than mutually exclusive regimes generated a paradigmatic shift in the international legal discourse. The reconciliation was driven by a humanistic ethos and its purpose was to offer greater protection of the rights to life, liberty and dignity of all individuals under all circumstances. The complementarity of both regimes currently enjoys the status of the new orthodoxy and simultaneously invites critical reflection. This collection of essays accepts the invitation, offering diverse assessments of the merits of taking human rights to the battlefields of the twenty-first century. The book comprises three parts: part I focuses on the paradigmatic (security based "armed conflict" vs. human rights centered "law enforcement" paradigms) and the normative complexities of the interaction between both regimes in the "fight against terror" and in other, allegedly new, types of wars. Part II discusses the interplay between IHRL and IHL in the context of three specific regimes: belligerent occupation; the European Court of Human Rights and the protection of cultural heritage. Part III explores the potential fusion of IHL and IHRL into a new paradigm in two areas: post-bellum accountability and compensation to victims of war crimes. The range of issues, multitude of competing norms and narratives, and shifting paradigms explored in this collection, converse with each other. This conversation mirrors the process through which international law - paying deference to political realities while simultaneously seeking to transcend them - charts new pathways to advance its humanizing project.

Author : Ben Saul,David Kinley,Jaqueline Mowbray
Publisher : Oxford University Press
Page : 1358 pages
File Size : 54,5 Mb
Release : 2014-03
Category : Law
ISBN : 9780199640300

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The International Covenant on Economic, Social and Cultural Rights by Ben Saul,David Kinley,Jaqueline Mowbray Pdf

"One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.

Author : Walter Kälin,Jörg Künzli
Publisher : Oxford University Press
Page : 608 pages
File Size : 42,5 Mb
Release : 2019-08-29
Category : Law
ISBN : 9780192559678

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The Law of International Human Rights Protection by Walter Kälin,Jörg Künzli Pdf

At a time when human rights are coming under increasing pressure, in-depth knowledge and understanding of their foundations, conceptual underpinnings and current practice remain crucial. The second edition of Walter Kälin and Jörg Künzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them. Based, in particular, on a wide-ranging analysis of international case-law, the book focuses on the sources and scope of application of human rights and a discussion of their substantive guarantees. Further chapters describe the different mechanisms to monitor the implementation of human rights obligations, ranging from the regional human rights courts in Africa, the Americas and Europe and the UN treaty bodies to the international criminal tribunals, the International Court of Justice and the UN Security Council. The book is based on an understanding of human rights as legal concepts that address basic human needs and vulnerabilities, and highlights the indivisibility of civil and political rights on the one and economic, social and cultural rights on the other hand. It also highlights the convergence of international human rights and international humanitarian law and the interlinkages with international criminal law as well as general international law, in particular the law of state responsibility.

Author : Jackie Dugard,Bruce Porter,Daniela Ikawa,Lilian Chenwi
Publisher : Edward Elgar Publishing
Page : 456 pages
File Size : 45,7 Mb
Release : 2020-10-30
Category : Law
ISBN : 9781788974172

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Research Handbook on Economic, Social and Cultural Rights as Human Rights by Jackie Dugard,Bruce Porter,Daniela Ikawa,Lilian Chenwi Pdf

This exciting Research Handbook combines practitioner and academic perspectives to provide a comprehensive, cutting edge analysis of economic, social and cultural rights (ESCR), as well as the connection between ESCR and other rights. Offering an authoritative analysis of standards and jurisprudence, it argues for an expansive and inclusive approach to ESCR as human rights.

Author : Eibe Riedel,Gilles Giacca,Christophe Golay
Publisher : Oxford University Press
Page : 561 pages
File Size : 43,9 Mb
Release : 2014-03
Category : Law
ISBN : 9780199685974

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Economic, Social, and Cultural Rights by Eibe Riedel,Gilles Giacca,Christophe Golay Pdf

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.

Author : Evelyne Schmid
Publisher : Cambridge University Press
Page : 395 pages
File Size : 50,5 Mb
Release : 2015-04-02
Category : Law
ISBN : 9781107063969

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Taking Economic, Social and Cultural Rights Seriously in International Criminal Law by Evelyne Schmid Pdf

Evelyne Schmid demonstrates how violations of economic, social and cultural rights can overlap with international crimes.