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Economic, Social and Cultural Rights as Human Rights
This volume offers a selection of those major contributions which have shaped debate in the field of economic, social and cultural rights. The broad range of discussion includes: the nature of economic, social and cultural rights and the ability of courts to protect them; the effectiveness of non-judicial protective mechanisms at both the universal and the domestic level; ways of measuring whether states do enough to ‘progressively realize’ these rights; the impact of trade and investment liberalization, and of economic globalization generally, on the fulfilment of such rights; and the role of economic, social and cultural rights in development.
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Contributors
Contents
More Information
This volume offers a selection of those major contributions which have shaped debate in the field of economic, social and cultural rights. The broad range of discussion includes: the nature of economic, social and cultural rights and the ability of courts to protect them; the effectiveness of non-judicial protective mechanisms at both the universal and the domestic level; ways of measuring whether states do enough to ‘progressively realize’ these rights; the impact of trade and investment liberalization, and of economic globalization generally, on the fulfilment of such rights; and the role of economic, social and cultural rights in development.
Professor De Schutter’s original introduction provides an insight into the background to the debate and maps the alternative views which coexist in this highly contentious area.
Professor De Schutter’s original introduction provides an insight into the background to the debate and maps the alternative views which coexist in this highly contentious area.
Contributors
24 articles, dating from 1978 to 2012
Contributors include: A.R. Chapman, M.C.R. Craven, V. Dankwa, C. Flinterman, M. Langford, S. Leckie, S. Reddy, A. Sengupta, M. Sepúlveda, B.A. Simmons
Contributors include: A.R. Chapman, M.C.R. Craven, V. Dankwa, C. Flinterman, M. Langford, S. Leckie, S. Reddy, A. Sengupta, M. Sepúlveda, B.A. Simmons
Contents
Contents:
Acknowledgements
Introduction Olivier De Schutter
PART I THE NATURE OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS
1. E.W. Vierdag (1978), ‘The Legal Nature of the Rights Granted by the International Covenant on Economic, Social and Cultural Rights’
2. Victor Dankwa, Cees Flinterman and Scott Leckie (1998), ‘Commentary to the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights’
PART II THE JUSTICIABILITY OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS
A Claiming Economic, Social and Cultural Rights before Domestic Courts
3. Matthew C.R. Craven (1993), ‘The Domestic Application of the International Covenant on Economic, Social and Cultural Rights’
4. Malcolm Langford (2009), ‘Domestic Adjudication and Economic, Social and Cultural Rights: A Socio-Legal Review’
5. David Landau (2012), ‘The Reality of Social Rights Enforcement’
B Claiming Economic, Social and Cultural Rights at Universal Level
6. Michael J. Dennis and David P. Stewart (2004), ‘Justiciability of Economic, Social, and Cultural Rights: Should there be an International Complaints Mechanism to Adjudicate the Rights to Food, Water, Housing, and Health?’
7. Beth A. Simmons (2009), ‘Should States Ratify? – Process and Consequences of the Optional Protocol to the ICESCR’
C Economic, Social and Cultural Rights and Human Rights Institutions
8. Mario Gomez (1995), ‘Social Economic Rights and Human Rights Commissions’
PART III THE OBLIGATION OF PROGRESSIVE REALIZATION AND THE ‘MINIMUM CORE’
9. Audrey R. Chapman (1996), ‘A “Violations Approach” for Monitoring the International Covenant on Economic, Social and Cultural Rights’
10. Katharine G. Young (2008), ‘The Minimum Core of Economic and Social Rights: A Concept in Search of Content’
11. Eitan Felner (2009), ‘Closing the “Escape Hatch”: A Toolkit to Monitor the Progressive Realization of Economic, Social and Cultural Rights’
12. Ann Blyberg (2009), ‘The Case of the Mislaid Allocation: Economic and Social Rights and Budget Work’
13. Aoife Nolan and Mira Dutschke (2010), ‘Article 2(1) ICESCR and State Parties’ Obligations: Whither the Budget?’
PART IV ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND ECONOMIC GLOBALIZATION
A International Financial Institutions
14. Ibrahim F.I. Shihata (1992), ‘Human Rights, Development, and International Financial Institutions’
15. Daniel D. Bradlow (1996), ‘The World Bank, the IMF, and Human Rights’
B Trade
16. Christian Barry and Sanjay G. Reddy (2006), ‘International Trade and Labor Standards: A Proposal for Linkage’
17. Andrew T.F. Lang (2007), ‘Re-thinking Trade and Human Rights’
18. James Harrison and Alessa Goller (2008), ‘Trade and Human Rights: What Does “Impact Assessment” Have to Offer?’
C Investment and Transnational Corporations
19. David Kinley and Justine Nolan (2007), ‘Trading and Aiding Human Rights: Corporations in the Global Economy’
20. Matthias Sant’Ana (2009), ‘Foreign Direct Investment and Human Development: Two Approaches to Assessing Impacts on Human Rights’
PART V ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND DEVELOPMENT
21. Arjun Sengupta (2002), ‘On the Theory and Practice of the Right to Development’
22. Magdalena Sepúlveda (2006), ‘Obligations of “International Assistance and Cooperation” in an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights’
23. Paul Gready (2008), ‘Rights-Based Approaches to Development: What is the Value-Added?’
24. Mac Darrow (2012), ‘The Millennium Development Goals: Milestones or Millstones? Human Rights Priorities for the Post-2015 Development Agenda’
Acknowledgements
Introduction Olivier De Schutter
PART I THE NATURE OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS
1. E.W. Vierdag (1978), ‘The Legal Nature of the Rights Granted by the International Covenant on Economic, Social and Cultural Rights’
2. Victor Dankwa, Cees Flinterman and Scott Leckie (1998), ‘Commentary to the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights’
PART II THE JUSTICIABILITY OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS
A Claiming Economic, Social and Cultural Rights before Domestic Courts
3. Matthew C.R. Craven (1993), ‘The Domestic Application of the International Covenant on Economic, Social and Cultural Rights’
4. Malcolm Langford (2009), ‘Domestic Adjudication and Economic, Social and Cultural Rights: A Socio-Legal Review’
5. David Landau (2012), ‘The Reality of Social Rights Enforcement’
B Claiming Economic, Social and Cultural Rights at Universal Level
6. Michael J. Dennis and David P. Stewart (2004), ‘Justiciability of Economic, Social, and Cultural Rights: Should there be an International Complaints Mechanism to Adjudicate the Rights to Food, Water, Housing, and Health?’
7. Beth A. Simmons (2009), ‘Should States Ratify? – Process and Consequences of the Optional Protocol to the ICESCR’
C Economic, Social and Cultural Rights and Human Rights Institutions
8. Mario Gomez (1995), ‘Social Economic Rights and Human Rights Commissions’
PART III THE OBLIGATION OF PROGRESSIVE REALIZATION AND THE ‘MINIMUM CORE’
9. Audrey R. Chapman (1996), ‘A “Violations Approach” for Monitoring the International Covenant on Economic, Social and Cultural Rights’
10. Katharine G. Young (2008), ‘The Minimum Core of Economic and Social Rights: A Concept in Search of Content’
11. Eitan Felner (2009), ‘Closing the “Escape Hatch”: A Toolkit to Monitor the Progressive Realization of Economic, Social and Cultural Rights’
12. Ann Blyberg (2009), ‘The Case of the Mislaid Allocation: Economic and Social Rights and Budget Work’
13. Aoife Nolan and Mira Dutschke (2010), ‘Article 2(1) ICESCR and State Parties’ Obligations: Whither the Budget?’
PART IV ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND ECONOMIC GLOBALIZATION
A International Financial Institutions
14. Ibrahim F.I. Shihata (1992), ‘Human Rights, Development, and International Financial Institutions’
15. Daniel D. Bradlow (1996), ‘The World Bank, the IMF, and Human Rights’
B Trade
16. Christian Barry and Sanjay G. Reddy (2006), ‘International Trade and Labor Standards: A Proposal for Linkage’
17. Andrew T.F. Lang (2007), ‘Re-thinking Trade and Human Rights’
18. James Harrison and Alessa Goller (2008), ‘Trade and Human Rights: What Does “Impact Assessment” Have to Offer?’
C Investment and Transnational Corporations
19. David Kinley and Justine Nolan (2007), ‘Trading and Aiding Human Rights: Corporations in the Global Economy’
20. Matthias Sant’Ana (2009), ‘Foreign Direct Investment and Human Development: Two Approaches to Assessing Impacts on Human Rights’
PART V ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND DEVELOPMENT
21. Arjun Sengupta (2002), ‘On the Theory and Practice of the Right to Development’
22. Magdalena Sepúlveda (2006), ‘Obligations of “International Assistance and Cooperation” in an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights’
23. Paul Gready (2008), ‘Rights-Based Approaches to Development: What is the Value-Added?’
24. Mac Darrow (2012), ‘The Millennium Development Goals: Milestones or Millstones? Human Rights Priorities for the Post-2015 Development Agenda’
