Transnationalisation of Social Rights

doi:10.1017/9781780685700

Migration crisis, food crisis, economic crisis - the most alarming tendencies in our contemporary world are related to the transnational social question. But what role does transnational law play in this context: Does it exacerbate the asymmetries by shielding the rich and exploiting the poor? Or is the emerging regime of international social human rights a promising candidate for countering the crisis of world society?This book scrutinises both the potentials and the boundaries of de-coupling the notion of "social rights" from the nation-state and of transferring it to the transnational sphere. By drawing on a critical theory of transnational law, it provides in-depth analyses of the different sites where the struggle for social rights is at stake, such as the emerging transnational food regime, the ILO, international environmental law and the accountability of private actors. It reveals enforcement structures, discusses judicial doctrine and relates these aspects to the social and political struggles which surround the transnationalisation of social rights.

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Contents

Frontmatter
pp i-iv
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Contents
pp v-xii
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List of Contributors
pp xiii-xvi
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List of Abbreviations
pp xvii-xx
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Chapter 1 - Introduction
pp 1-8
- By Andreas Fischer-Lescano, Professor of Public Law, European Law and International Law at the University of Bremen, Kolja Möller, Post-Doctorate at the Cluster of Excellence “Normative Orders”, University of Frankfurt
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PART I - TRANSNATIONAL SOCIAL RIGHTS IN CONTEXT
pp 9-10
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Chapter 2 - The Struggle for Transnational Social Rights
pp 11-48
- By Andreas Fischer-Lescano, Professor of Public Law, European Law and International Law at the University of Bremen, Kolja Möller, Post-Doctorate at the Cluster of Excellence “Normative Orders”, University of Frankfurt
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Chapter 3 - Normative Perspectives on Transnational Social Rights
pp 49-66
- By Georg Lohmann, Professor emeritus of Practical Philosophy at the Ottovon- Guericke University Magdeburg
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Chapter 4 - Conceptualising Transnational Social Rights: Developments and Forms
pp 67-84
- By Alexandra Kaasch, Junior Professor in Transnational Social Policy at Bielefeld University
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PART II - FOUNDATIONS, INSTITUTIONS AND ENFORCEMENT STRUCTURES
pp 85-86
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Chapter 5 - Enforcement of Transnational Social Rights: International and National Legal Aspects
pp 87-108
- By Stefan Lorenzmeier, “Akademischer Rat” (senior lecturer) at the University of Augsburg's Law Faculty
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Chapter 6 - Horizontal Effects of Human Rights: The EU Proposal for a Non-Financial Reporting Framework
pp 109-142
- By Ibrahim Kanalan, holds a PhD in law and is a post-doctoral researcher at the Chair of Public Law and Public International Law and at the Centre for Human Rights Erlangen-Nürnberg (CHREN), University of Erlangen-Nuremberg, Sebastian Eickenjäger, research assistant at the Centre of European Law and Politics (ZERP) at the University of Bremen
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Chapter 7 - Labour Rights and the ILO: The Challenge of Transforming Informal Economic Activities to Promote Transnational Social Rights – Domestic and Care Work as Core Issues
pp 143-174
- By Eva Senghaas-Knobloch, social scientist and Professor for Work Sciences (retired), Senior Researcher, University of Bremen, artec – Research Center for Sustainability Studies, Recent publications: “Mindfulness: A Politically Sensitizing Concept
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PART III - ENFORCEMENT OF TRANSNATIONAL SOCIAL RIGHTS
pp 175-176
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Chapter 8 - Transnational Socio-Economic Rights: Inter-Linkages in the Context of the Right to Food
pp 177-208
- By Anne Trebilcock, retired Legal Adviser and Director of Legal Services, International Labour Organization (UN Specialized Agency) and is now associated with the Institut für Arbeitsrecht, University of Göttingen and the Centre de droit international, University of Paris Nanterre-La Défense
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Chapter 9 - Agroenergy and the Right to Food: The EU Biofuel Mandate and Transnational Social Rights
pp 209-238
- By Steffen Kommer, holds a PhD in law and is a judge at the administrative court in Bremen (Verwaltungsgericht Bremen)
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Chapter 10 - Between Rights and Power Asymmetries: Contemporary Struggles for Land in Brazil and Colombia
pp 239-264
- By Maria Backhouse, holds a PhD in sociology (Freie Universität Berlin) and works as a senior researcher at the Arnold-Bergstraesser-Institute (ABI), Freiburg, Jairo Baquero Melo, holds a PhD in sociology (Freie Universität Berlin) and currently serves as Principal Professor of Sociology at the School of Human Sciences, Universidad del Rosario (Colombia), Sérgio Costa, Professor of Sociology at the Freie Universität Berlin, spokesperson of the Research Network on Interdependent Inequalities in Latin America (desiguALdades.net) and editor of the book series Entangled Inequalities, Routledge
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Chapter 11 - The Zapatista Struggle for the Right to Land: Background, Context and Strategies
pp 265-304
- By Judith Schacherreiter, lawyer at Knoetzl Haugeneder Netal Rechtsanwälte GmbH and an external le cturer at the University of Vienna, Department of Comparative, Uniform and Private International Law, Guilherme Leite Gonçalves, Professor of Sociology of Law at Rio de Janeiro State University
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Index
pp 305-309
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Transnationalisation of Social Rights

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Contents

Frontmatter
pp i-iv

Contents
pp v-xii

List of Contributors
pp xiii-xvi

List of Abbreviations
pp xvii-xx

Chapter 1 - Introduction
pp 1-8

PART I - TRANSNATIONAL SOCIAL RIGHTS IN CONTEXT
pp 9-10

Chapter 2 - The Struggle for Transnational Social Rights
pp 11-48

Chapter 3 - Normative Perspectives on Transnational Social Rights
pp 49-66

Chapter 4 - Conceptualising Transnational Social Rights: Developments and Forms
pp 67-84

PART II - FOUNDATIONS, INSTITUTIONS AND ENFORCEMENT STRUCTURES
pp 85-86

Chapter 5 - Enforcement of Transnational Social Rights: International and National Legal Aspects
pp 87-108

Chapter 6 - Horizontal Effects of Human Rights: The EU Proposal for a Non-Financial Reporting Framework
pp 109-142

Chapter 7 - Labour Rights and the ILO: The Challenge of Transforming Informal Economic Activities to Promote Transnational Social Rights – Domestic and Care Work as Core Issues
pp 143-174

PART III - ENFORCEMENT OF TRANSNATIONAL SOCIAL RIGHTS
pp 175-176

Chapter 8 - Transnational Socio-Economic Rights: Inter-Linkages in the Context of the Right to Food
pp 177-208

Chapter 9 - Agroenergy and the Right to Food: The EU Biofuel Mandate and Transnational Social Rights
pp 209-238

Chapter 10 - Between Rights and Power Asymmetries: Contemporary Struggles for Land in Brazil and Colombia
pp 239-264

Chapter 11 - The Zapatista Struggle for the Right to Land: Background, Context and Strategies
pp 265-304

Index
pp 305-309

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