Challenges to the exercise of the basic socio-economic rights of half the global population give rise to some of the most pressing issues today. This timely book focuses on world poverty, providing a systematic exposition of the evolving legal responsibility of the international community of states to cooperate in addressing the structural obstacles that contribute to this injustice. This book analyzes the approach, contribution, and current limitations of the international law of human rights to the manifestations of world poverty, inviting the reader to rethink human rights, and, in…mehr
Challenges to the exercise of the basic socio-economic rights of half the global population give rise to some of the most pressing issues today. This timely book focuses on world poverty, providing a systematic exposition of the evolving legal responsibility of the international community of states to cooperate in addressing the structural obstacles that contribute to this injustice. This book analyzes the approach, contribution, and current limitations of the international law of human rights to the manifestations of world poverty, inviting the reader to rethink human rights, and, in particular, the framing of responsibilities that are essential to their contemporary protection.
Margot E. Salomon, PhD, is a Senior Lecturer in Law at the Centre for the Study of Human Rights and Department of Law, London School of Economics and Political Science. She is a member of the Centres Advisory Board, serves as Advisor to the United Nations High-Level Task Force on the Right to Development and has held a Visiting Lectureship at the UN University in Tokyo. Dr Salomon and has been a consultant to government on human rights and foreign policy and regularly trains diplomatic staff on human rights. She received her PhD from the LSE.
Inhaltsangabe
* Foreword by Stephen P. Marks * INTRODUCTION * 1: INTERDEPENDENCE AND ITS IMPERATIVES * 1.1 Introduction * 1.2 Towards an International Community of States * 1.2.1 Locating the international community * 1.2.2 International law of cooperation as the law of the international community * 1.2.3 Reconciling sovereignty and interdependence * 1.2.4 The influence of interdependence on international law * 1.2.5 The continued predominance of cooperative internationalism in the 21st century * 1.3 Globalization in an Era of Human Rights * 1.3.1 Economic globalization as a structural impediment to the exercise of human rights * 1.3.2 Poverty as a human rights issue * 1.4 The Structural Approach to the Realization of Human Rights * 1.4.1 The right to development * 1.4.2 The position of treaty-bodies * 1.5 Conclusion * * 2: SOURCES AND CONTENT OF AN INTERNATIONAL RESPONSIBILITY TO COOPERATE FOR HUMAN RIGHTS * 2.1 Introduction * 2.2 The Sources of Cooperation for Human Rights in International Law * 2.3 Cooperation and Shared Responsibility in International Human Rights Instruments * 2.3.1 International cooperation in human rights conventions and declarations * 2.3.1.1 The International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child and other human rights conventions * 2.3.1.2 Declarations * 2.3.1.3 The legal basis of international cooperation in the right to development * 2.3.1.4 The normative force of the Declaration on the Right to Development * 2.3.1.5 International cooperation and shared responsibility at world conferences * 2.4 The Content of International Cooperation * 2.4.1 The position of Northern states * 2.4.2 'Maximum available resources' * 2.4.3 The structural content of international cooperation * 2.5 Conclusion * * 3: THE RIGHT TO DEVELOPMENT AND HUMAN-CENTERED GLOBALIZATION * 3.1 Introduction * 3.2 The 'Right-Holder' of the Right to Development * 3.3 The Right to Development as a Particular Process of Development * 3.3.1 The indivisibility and interdependence of all human rights and the conditioning of economic policy * 3.3.2 Rights-based economic growth * 3.3.3 Obligations of conduct at the international level * 3.3.4 Principles of the right to development * 3.3.4.1 Equality and non-discrimination * 3.3.4.2 Participation * 3.3.4.3 Accountability * 3.4 The Current Incongruence of International Legal Regimes * 3.5 Conclusion * * 4: A DOCTRINE OF BASIC UNIVERSAL RIGHTS AND SUPRA-POSITIVE OBLIGATIONS * 4.1 Introduction * 4.2 Beyond Legal Positivism * 4.3 The Universal Principle to Respect and Observe Human Rights * 4.4 What Constitutes Basic Rights Today? * 4.5 Basic Rights and Community Obligations * 4.6 Conclusion * * 5: ATTRIBUTING GLOBAL LEGAL RESPONSIBILITY * 5.1 Introduction * 5.2 The Due Diligence Requirement and the Global Standard of Care * 5.3 A Typology for World Poverty: International Obligations to Remedy and to Prevent Human Rights Violations * 5.4. Conclusion * 6: CONCLUDING REMARKS: LATTER-DAY TYRANNY AND THE FUTURE OF HUMAN RIGHTS
* Foreword by Stephen P. Marks * INTRODUCTION * 1: INTERDEPENDENCE AND ITS IMPERATIVES * 1.1 Introduction * 1.2 Towards an International Community of States * 1.2.1 Locating the international community * 1.2.2 International law of cooperation as the law of the international community * 1.2.3 Reconciling sovereignty and interdependence * 1.2.4 The influence of interdependence on international law * 1.2.5 The continued predominance of cooperative internationalism in the 21st century * 1.3 Globalization in an Era of Human Rights * 1.3.1 Economic globalization as a structural impediment to the exercise of human rights * 1.3.2 Poverty as a human rights issue * 1.4 The Structural Approach to the Realization of Human Rights * 1.4.1 The right to development * 1.4.2 The position of treaty-bodies * 1.5 Conclusion * * 2: SOURCES AND CONTENT OF AN INTERNATIONAL RESPONSIBILITY TO COOPERATE FOR HUMAN RIGHTS * 2.1 Introduction * 2.2 The Sources of Cooperation for Human Rights in International Law * 2.3 Cooperation and Shared Responsibility in International Human Rights Instruments * 2.3.1 International cooperation in human rights conventions and declarations * 2.3.1.1 The International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child and other human rights conventions * 2.3.1.2 Declarations * 2.3.1.3 The legal basis of international cooperation in the right to development * 2.3.1.4 The normative force of the Declaration on the Right to Development * 2.3.1.5 International cooperation and shared responsibility at world conferences * 2.4 The Content of International Cooperation * 2.4.1 The position of Northern states * 2.4.2 'Maximum available resources' * 2.4.3 The structural content of international cooperation * 2.5 Conclusion * * 3: THE RIGHT TO DEVELOPMENT AND HUMAN-CENTERED GLOBALIZATION * 3.1 Introduction * 3.2 The 'Right-Holder' of the Right to Development * 3.3 The Right to Development as a Particular Process of Development * 3.3.1 The indivisibility and interdependence of all human rights and the conditioning of economic policy * 3.3.2 Rights-based economic growth * 3.3.3 Obligations of conduct at the international level * 3.3.4 Principles of the right to development * 3.3.4.1 Equality and non-discrimination * 3.3.4.2 Participation * 3.3.4.3 Accountability * 3.4 The Current Incongruence of International Legal Regimes * 3.5 Conclusion * * 4: A DOCTRINE OF BASIC UNIVERSAL RIGHTS AND SUPRA-POSITIVE OBLIGATIONS * 4.1 Introduction * 4.2 Beyond Legal Positivism * 4.3 The Universal Principle to Respect and Observe Human Rights * 4.4 What Constitutes Basic Rights Today? * 4.5 Basic Rights and Community Obligations * 4.6 Conclusion * * 5: ATTRIBUTING GLOBAL LEGAL RESPONSIBILITY * 5.1 Introduction * 5.2 The Due Diligence Requirement and the Global Standard of Care * 5.3 A Typology for World Poverty: International Obligations to Remedy and to Prevent Human Rights Violations * 5.4. Conclusion * 6: CONCLUDING REMARKS: LATTER-DAY TYRANNY AND THE FUTURE OF HUMAN RIGHTS
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