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

ISBN-13: 9781107012776 / Angielski / Twarda / 2012 / 496 str.

Malcolm Langford

Opis

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 fulfill.

Recenzje

"In this globalized and increasingly interdependent world, some of most serious violations result from actions or omissions attributable to actors other than the State on the territory of which the victims are found. This is required reading for anyone interested in how human rights can remain relevant in this new context."
--Olivier De Schutter, Professor at the Catholic University of Louvain and at the College of Europe (Natolin), United Nations Special Rapporteur on the Right to Food

Spis treści

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.