The International Covenant on Economic, Social and Cultural Rights (inbunden)
Inbunden (Hardback)
Antal sidor
OUP Oxford
Kinley, David / Mowbray, Jaqueline
251 x 179 x 65 mm
1856 g
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The International Covenant on Economic, Social and Cultural Rights (inbunden)

The International Covenant on Economic, Social and Cultural Rights

Commentary, Cases, and Materials

Inbunden Engelska, 2014-03-06
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The International Covenant on Economic, Social and Cultural Rights is one of the most important human rights treaties in international law. This comprehensive collection of primary materials and analytical commentary is ideal reading for scholars, students, and practitioners working on issues of economic, cultural, and social rights.
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Jackie Dugard, Nordic Journal of Human Rights This book undoubtedly makes a profound contribution to the project of developing a coherent, systemic and persuasive jurisprudence on ESCR. At 1,360 pages long, the book at first appears intimidating. However, it is well written and easy to dip in and out of, making it easily accessible both to scholars and students of international human rights for whom it should become a standard resource.

Norman Wei, German Yearbook of International Law A very useful, up-to-date, and well-researched source of information, providing detailed reasoning from a broad variety of cases and materials... This ICESCR Commentary can be recommended for scholars and practitioners.

Philip Alston, New York University The publication of this volume marks something of a coming of age for the International Covenant on Economic, Social and Cultural Rights.... scholarly contributions are crucial for the development of a coherent, systematic, and persuasive jurisprudence relating to economic, social and cultural rights. This volume performs a formidable service by providing such an insightful synthesis of the most important elements of this emerging jurisprudence. It also helps to
expose the relative paucity in the literature of engaged but critical analyses of this jurisprudence, and thus highlights the need for the next generation of scholars to engage in a more robust and challenging way with the materials brought together in this volume.

Hilary Charlesworth, Australian National University This book will quickly become an essential companion to anyone interested in this field. It offers a comprehensive and nuanced account of the rights set out in the Covenant, explaining their historical and jurisprudential context and how they have been and might be deployed. It unpacks the concept of 'progressive realisation' of economic, social and cultural rights. The book transcends the rather static debates between supporters and critics of the Covenant by
focussing on how its rights have been protected in practice and the authors emphasise the limits of a narrow legal approach in this area. This is a book packed with important information and sophisticated analyses and it will change the way that the Covenant is understood.

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<br>Ben Saul is Professor of International Law at the Sydney Centre for International Law at The University of Sydney, and a barrister. He is internationally recognised for his work on terrorism, human rights, the law of armed conflict, and international criminal law, and his research has been cited in various international and national courts. He has published five books, over 50 refereed journal articles and book chapters, and over 150 other publications, and delivered hundreds of public seminars. He has taught law at Oxford, Sydney, UNSW, and in China, India, Nepal and Cambodia, and conducted training for numerous governments (including Iraq, Kuwait, Algeria, Laos, Nepal and Bhutan). <br>Professor David Kinley holds the Chair in Human Rights Law at University of Sydney, and is the Law Faculty's Associate-Dean (International). He is also an Academic Panel member of Doughty Street Chambers in London. He has previously held positions at Cambridge University, The Australian National University, the University of New South Wales, Washington College of Law, American University, and most recently was the founding Director of the Castan Centre for Human Rights Law at Monash University (2000-2005). He was a Senior Fulbright Scholar in 2004, based in Washington DC, and Herbert Smith Visiting Fellow at the Faculty of Law, University of Cambridge during the first half of 2008. He has written and edited eight books and more than 80 articles, book chapters, reports, and papers. <br>Jacqueline Mowbray is a Senior Lecturer in Law at the University of Sydney. She also teaches on the European Regional Master's Degree in Democracy and Human Rights in South-East Europe, based in Sarajevo. She is a graduate of the Universities of Queensland (BA/LLB (Hons)), Melbourne (LLM) and Cambridge (LLM (Hons), PhD).<br>


Introduction: International Law and Economic, Social, and Cultural Rights; PART I: ICESCR RIGHTS; 1. Article 1: Self-Determination; 2. Article 2(1): Progressive Realisation; 3. Article 2(2)-(3): Non-Discrimination; 4. Article 3: Equality; 5. Article 4: Limitations and Correlative Duties; 6. Article 5: Duties to Respect Rights; 7. Article 6: Right to Work; 8. Article 7: Fair Conditions of Work; 9. Article 8: Trade Unions; 10. Article 9: Social Security; 11. Article 10: Family Rights; 12. Article 11: Adequate Standard of Living, including Food, Clothing, Housing; 13. Article 12: Health; 14. Article 13: Education; 15. Article 14: Primary Education; 16. Article 15: Cultural Rights; PART II: SOCIO-ECONOMIC RIGHTS OUTSIDE THE ICESCR; 17. The Right to Development; 18. Environmental Rights; 19. Rights to Water; 20. Rights of Indigenous Peoples; 21. Rights to Peace and Security; APPENDICES; A. International Covenant on Economic, Social and Cultural Rights 1966; B. Optional Protocol to the International Covenant on Economic, Social and Cultural Rights 2008; C. States Parties to the ICESCR; D. States Parties to the Optional Protocol to the ICESCR; E. Members (Past and Present) of the UN Committee on Economic, Social and Cultural Rights; F. First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms; G. Revised European Social Charter 1996; H. Additional Protocol to the American Convention On Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador); I. African Charter of Human and People's Rights 1981, articles 15 (right to work), 16 (right to health), 17 (right to education); J. European Union Charter of Fundamental Rights 2000; K. UN Declaration on the Right to Development 1986; L. UN General Assembly Resolution 64/292 (2010) on the Human Right to Water and Sanitation; M. UN General Assembly Declaration on the Rights of Indigenous Peoples, Resolution 61/295 (2007); N. UN General Assembly Resolutions on the Right to Food (various); O. Extracts from the Constitution of the Republic of South Africa 1996; P. Extracts from the Constitution of the Republic of India 1950; Q. Extracts from selected national constitutions