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Global Justice, State Duties
The Extraterritorial Scope of Economic, Social, and Cultural Rights in International Law

£42.99

Malcolm Langford, Wouter Vandenhole, Martin Scheinin, Willem van Genugten, Mark Gibney, Fons Coomans, Felipe Gómez Isa, Smita Narula, Maarten den Heijer, Rick Lawson, Cedric Ryngaert, Sigrun I. Skogly, Margot E. Salomon, Ashfaq Khalfan, Wolfgang Benedek, Dinah Shelton, Mac Darrow
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  • Date Published: August 2014
  • availability: Available
  • format: Paperback
  • isbn: 9781107429321
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About the Authors
  • The rise of globalization and the persistence of global poverty are straining the territorial paradigm of human rights. This book asks if states possess extraterritorial obligations under existing international human rights law to respect and ensure economic, social and cultural rights and how far those duties extend. Taking a departure point in theory and practice, the book is the first of its kind to analyze the principal cross-cutting legal issues at stake: the legal status of obligations, jurisdiction, causation, division of responsibility, and remedies and accountability. The book focuses specifically on the role of states but also addresses their duties to regulate powerful nonstate actors. The authors demonstrate that many key issues have been resolved or clarified in international law while others remain controversial or await the development of further practice, particularly the scope of jurisdiction and the quantitative dimension of extraterritorial obligations to fulfil.

    • Undertakes a comprehensive examination of extraterritorial obligations on human rights, with a focus on economic, social and cultural rights
    • First of its kind to take a systematic approach to the key legal issues which are relevant to any claim of a violation
    • Shows that on some issues there is more consensus on economic, social and cultural rights than civil and political rights; on other issues, it is the opposite
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    Customer reviews

    13th Jan 2015 by Atunga

    Seminal research work that breaks disciplinary boundaries to truly view and demonstrate the interdependency and indivisibility and human rights...not only focusing on the role of States but also the increasingly powerful non state actors..As a scholar in the area of human rights and business, I find this work ground-breaking. I am willing to review it any time for a wider audience. Atunga Atuti O.J East African School of Human Rights

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    Product details

    • Date Published: August 2014
    • format: Paperback
    • isbn: 9781107429321
    • length: 498 pages
    • dimensions: 229 x 152 x 25 mm
    • weight: 0.66kg
    • availability: Available
  • Table of Contents

    1. Introduction: an emerging field Malcolm Langford, Wouter Vandenhole, Martin Scheinin and Willem van Genugten
    2. On terminology: extraterritorial obligations Mark Gibney
    Part I. Legal Status:
    3. Extraterritorial duties in international law Malcolm Langford, Fons Coomans and Felipe Gómez Isa
    4. International financial institutions, transnational corporations and duties of states Smita Narula
    Part II. Jurisdiction:
    5. Extraterritorial human rights and the concept of 'jurisdiction' Maarten den Heijer and Rick Lawson
    6. Jurisdiction: towards a reasonableness test Cedric Ryngaert
    7. Just another word? Jurisdiction in the roadmaps of state responsibility and human rights Martin Scheinin
    Part III. Causation:
    8. Causality and extraterritorial human rights obligations Sigrun I. Skogly
    9. Deprivation, causation and the law of international cooperation Margot E. Salomon
    Part IV. Division of Responsibility:
    10. Division of responsibility between states Ashfaq Khalfan
    11. Extraterritorial human rights obligations and the north-south divide Wouter Vandenhole and Wolfgang Benedek
    Part V. Remedies and Accountability:
    12. Remedies and reparation Dinah Shelton
    13. Accountability mechanisms Ashfaq Khalfan
    14. Moral theory, international law and global justice Malcolm Langford and Mac Darrow.

  • Editors

    Malcolm Langford, Universitetet i Oslo
    Malcolm Langford is a Research Fellow at the Norwegian Centre for Human Rights at the Faculty of Law, University of Oslo, and is the Director of the Centre's Socio-Economic Rights Programme. He is also a Visiting Fellow at the Center for the Study of Law and Society, University of California, Berkeley.

    Wouter Vandenhole, Universiteit Antwerpen, Belgium
    Wouter Vandenhole is a Professor of Human Rights Law, holds the UNICEF Chair in Children's Rights at the Faculty of Law of the University of Antwerp (Belgium) and is the Co-Director of the Law and Development Research Group.

    Martin Scheinin, European University Institute, Florence
    Martin Scheinin is a Professor of Public International Law at the European University Institute. He was a Member of the UN Human Rights Committee (1997–2004) and the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (2005–11).

    Willem van Genugten, Universiteit van Tilburg, The Netherlands
    Willem van Genugten is a Professor of International Law at Tilburg University (The Netherlands) and Dean of The Hague Institute for Global Justice. He is also a Visiting Professor at the University of Minnesota and Extraordinary Professor of International Law at the North-West University, South Africa.

    Contributors

    Malcolm Langford, Wouter Vandenhole, Martin Scheinin, Willem van Genugten, Mark Gibney, Fons Coomans, Felipe Gómez Isa, Smita Narula, Maarten den Heijer, Rick Lawson, Cedric Ryngaert, Sigrun I. Skogly, Margot E. Salomon, Ashfaq Khalfan, Wolfgang Benedek, Dinah Shelton, Mac Darrow

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