Global Justice, State Duties: The Extraterritorial Scope Of Economic, Social, And Cultural Rights In International Law
Cambridge University Press
Edition: Reprint, 8/21/2014
EAN 9781107429321, ISBN10: 1107429323
Paperback, 498 pages, 22.9 x 15.2 x 2.9 cm
Language: English
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 fulfil.
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.