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단행본

Economic, social, and cultural rights in international law: contemporary issues and challenges

대등서명
1st edition
발행사항
Oxford, United Kingdom: Oxford University Press, 2014
형태사항
xxxiii, 525 p. ; 24cm
ISBN
9780199685974
청구기호
361 R551e
서지주기
Includes bibliographical references and index
소장정보
위치등록번호청구기호 / 출력상태반납예정일
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책 소개
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.

Recent years have seen a remarkable expansion in the scale and importance of economic, social, and cultural rights (ESC rights) within international law, culminating in the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in December 2008, which gave individuals and groups the ability to bring complaints about rights violations before the UN Committee on Economic, Social and Cultural Rights. In this context, this book centres on the question of how the fundamental socio-economic human rights that are enshrined in international law are defined, interpreted, understood, and implemented. It assesses how effective efforts have been in realising ESC rights by investigating the contemporary challenges obstructing their protection. It investigates the impact of the global financial crisis and austerity measures, the human rights responsibilities of corporations, and the trends in the justiciability of those rights at the national and international level. The interrelationship between ESC rights and other legal regimes such as international economic law, trade and investment law, environmental law, international criminal law, or international humanitarian law is also thoroughly examined. It provides a careful analysis of the new tools and indicators available to measure the progressive realisation of ESC rights. This book clarifies and illuminates multiple aspects of the law governing ESC rights 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. After an introduction by the editors on ESC rights and the contemporary issues that impact their realisation, the book contains seventeen further essays on the main questions which couch the progressive realisation 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, contextualising their discussions through wider contemporary international law challenges. In reflecting this diversity of perspectives, this book sheds light on new methodologies for the implementation of ESC rights as well as the various obstacles they face.