Koldo Casla - Böcker

This book offers a critical reinterpretation of Western European States’ programmatic support for International Human Rights Law (IHRL) since the 1970s. It examines the systemic or structural constraints inherent to the international legal system and argues that order trumps justice in Western Europe’s promotion of international human rights norms. The book shows that IHRL evolved as a result of a tension between two forces: A European understanding of international society, based on order, the centrality of the State and a minimalist conception of human rights; and a civil society and UN-promoted, mostly Western, particularly European but broader conception of human rights, based on justice. As such, human rights norms emerge and develop when (some) states’ idea of order meets with advocates’ idea of justice. We are living a historical juncture of shifting tectonic plates with rising nationalism in the Global North, ever growing power in the Global South and a declining presence of Europe in global affairs. The conditions under which IHRL emerged have fundamentally changed and unpacking the factors beneath the international recognition of human rights has never been more pressing.This book will be of key interest to scholars, students and practitioners in human rights law, public international law, international relations, critical legal theory and in European politics.

This book offers a critical reinterpretation of Western European States’ programmatic support for International Human Rights Law (IHRL) since the 1970s. It examines the systemic or structural constraints inherent to the international legal system and argues that order trumps justice in Western Europe’s promotion of international human rights norms. The book shows that IHRL evolved as a result of a tension between two forces: A European understanding of international society, based on order, the centrality of the State and a minimalist conception of human rights; and a civil society and UN-promoted, mostly Western, particularly European but broader conception of human rights, based on justice. As such, human rights norms emerge and develop when (some) states’ idea of order meets with advocates’ idea of justice. We are living a historical juncture of shifting tectonic plates with rising nationalism in the Global North, ever growing power in the Global South and a declining presence of Europe in global affairs. The conditions under which IHRL emerged have fundamentally changed and unpacking the factors beneath the international recognition of human rights has never been more pressing.This book will be of key interest to scholars, students and practitioners in human rights law, public international law, international relations, critical legal theory and in European politics.

In this innovative book, Koldo Casla proposes that property should be reinterpreted as a social right, arguing from the perspective of human rights and the social function that ownership must serve not only private interests but also the interests of the community.Positing that property ought to be democratically defined in accordance with its social function, Casla articulates a proposal for a new social right to property and evaluates the implications in relation to adequate housing and the private provision of public services, including transport and energy. Global case studies from Africa, Europe and Latin America demonstrate the underlying tension between an exclusivist and extractive idea of private property and the state’s mandate to respect, protect and fulfil social rights.Presenting a unique method of inquiry, The Social Right to Property is of great interest to scholars, students and practitioners of international human rights law, comparative law and property theory. Its critical analysis also makes it a valuable resource for those interested in property ownership and social rights.

Chile’s constitutional moment began as a popular demand in late 2019. This collection seizes the opportunity of this unique moment to unpack the context, difficulties, opportunities, and merits to enhance the status of environmental and social rights (health, housing, education and social security) in a country’s constitution.Learning from Chilean and international experiences from the Global South and North, and drawing on the analysis of both academics and practitioners, the book provides rigorous answers to the fundamental questions raised by the construction of a new constitutional bill of rights that embraces climate and social justice. With an international and comparative perspective, chapters look at issues such as political economy, the judicial enforceability of social rights, implications of the privatisation of public services, and the importance of active participation of most vulnerable groups in a constitutional drafting process.Ahead of the referendum on a new constitution for Chile in the second half of 2022, this collection is timely and relevant and will have direct impact on how best to legislate effectively for social rights in Chile and beyond.

Chile’s constitutional moment began as a popular demand in late 2019. This collection seizes the opportunity of this unique moment to unpack the context, difficulties, opportunities, and merits to enhance the status of environmental and social rights (health, housing, education and social security) in a country’s constitution.Learning from Chilean and international experiences from the Global South and North, and drawing on the analysis of both academics and practitioners, the book provides rigorous answers to the fundamental questions raised by the construction of a new constitutional bill of rights that embraces climate and social justice. With an international and comparative perspective, chapters look at issues such as political economy, the judicial enforceability of social rights, implications of the privatisation of public services, and the importance of active participation of most vulnerable groups in a constitutional drafting process.Ahead of the referendum on a new constitution for Chile in the second half of 2022, this collection is timely and relevant and will have direct impact on how best to legislate effectively for social rights in Chile and beyond.

Why was Franco exhumed from the Valley of the Fallen in late 2019? How is it that he was there in the first place? Why did Catalonia erupt suddenly in October 2017? Why don’t you hear so much about the Basque Country anymore? How did Podemos gather momentum so quickly in 2014-15, and why did half of that support vanish five years later? Isn’t it counterintuitive that a Catholic-majority country also has the most LGBT-friendly society in the world?Understanding the most significant events in recent Spanish politics requires spelling out the unspoken but enduring foundations of the country’s deepest fears and weaknesses, its Achilles' heels. In Greek mythology, an Achilles' heel is a vulnerability that can lead to downfall despite the apparent general strength of the full body. Casla uses this term to define the underlying factors that, while by no means unique, are characteristic of a particular society, delimit what is possible and shape the political debate. They are the primary political frailties without which a country’s politics cannot be properly comprehended.

Why was Franco exhumed from the Valley of the Fallen in late 2019? How is it that he was there in the first place? Why did Catalonia erupt suddenly in October 2017? Why don’t you hear so much about the Basque Country anymore? How did Podemos gather momentum so quickly in 2014-15, and why did half of that support vanish five years later? Isn’t it counterintuitive that a Catholic-majority country also has the most LGBT-friendly society in the world?Understanding the most significant events in recent Spanish politics requires spelling out the unspoken but enduring foundations of the country’s deepest fears and weaknesses, its Achilles' heels. In Greek mythology, an Achilles' heel is a vulnerability that can lead to downfall despite the apparent general strength of the full body. Casla uses this term to define the underlying factors that, while by no means unique, are characteristic of a particular society, delimit what is possible and shape the political debate. They are the primary political frailties without which a country’s politics cannot be properly comprehended.