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Global Justice, State Duties

The Extraterritorial Scope of Economic, Social, and Cultural Rights in International Law

Format: Paperback / softback
Publisher: Cambridge University Press, Cambridge, United Kingdom
Published: 21st Aug 2014
Dimensions: w 152mm h 229mm d 25mm
Weight: 661g
ISBN-10: 1107429323
ISBN-13: 9781107429321
Barcode No: 9781107429321
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Synopsis
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.

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"In this globalized and increasingly interdependent world, some of most serious violations result from actions or omissions attributable to actors other than the State on the territory of which the victims are found. This is required reading for anyone interested in how human rights can remain relevant in this new context."
--Olivier De Schutter, Professor at the Catholic University of Louvain and at the College of Europe (Natolin), United Nations Special Rapporteur on the Right to Food