Economic, Social, and Cultural Rights in International Law Contemporary Issues and Challenges

by Riedel, Eibe; Giacca, Gilles; Golay, Christophe

• ISBN13: 9780199685974
• ISBN10: 0199685975
• Format: Hardcover
• Copyright: 2014-05-13
• Publisher: Oxford University Press

Author Biography

Eibe Riedel, Professor of German and Comparative Public Law, and European and International Law, University of Mannheim,Gilles Giacca, Research Fellow, University of Oxford,Christophe Golay, Research Fellow and Joint Coordinator of the Project on Economic, Social and Cultural Rights, Geneva Academy of International Humanitarian Law and Human Rights

Eibe Riedel is Emeritus Chair of German and Comparative Public Law and European and International Law at the University of Mannheim, Germany, Swiss Human Rights Chair at the Geneva Academy of International Humanitarian Law and Human Rights, and a member of the UN Committee on Economic, Social and Cultural Rights in Geneva. He studied law and theology at King's College London, and law at the University of Kiel. He obtained his Dr. iuris in 1974 and Dr. iur. habil. in 1983. He has been a Professor of Public Law and International Law at the University of Mainz, then at the University of Marburg, then at Mannheim. Prof. Riedel has recently been appointed a Judge at the Hague Court of Arbitration. He is a Director of the Inland Navigation Law Institute, and the Director of the Institute of Medical Law, Bioethics and Public Health. He was Pro-Vice Chancellor of the University of Mannheim from 1996-2000.

Dr Gilles Giacca is a Research Fellow at the Law Faculty and Co-ordinator of the Oxford Martin School Human Rights for Future Generations programme. He holds a MA from the Graduate Institute of International and Development Studies (IHEID) in Geneva and a LLM from the University of Essex and holds a PhD in International Law from the University of Geneva and IHEID. Between 2006 and 2012, Gilles Giacca was teaching assistant and then research fellow at the Geneva Academy of International Humanitarian and Human Rights Law. Gilles has advised States, international organizations and NGOs on matters of international law. He has also provided training on international law to diplomats and practitioners. His teaching interests include the law of armed conflict and international human rights law.

Christophe Golay is Research Fellow and Joint Coordinator of the Project on Economic, Social and Cultural Rights at the Geneva Academy of International Humanitarian Law and Human Rights. From 2001 to 2008, he was the Legal Advisor to the United Nations Special Rapporteur on the Right to Food. He teaches courses on ESC rights, the right to food, and human rights and development in different universities. He has published extensively on ESC rights in general and the right to food in particular.

Table of Contents

I. Introduction
1. Addressing the Issues and Challenges Confronting ESC Rights, Gilles Giacca, Christophe Golay, and Eibe Riedel
II. Challenges in the Protection of ESC Rights in Times of Crisis
2. The Protection of Socio-Economic Rights in Armed Conflict: Challenges and Prospects, Gilles Giacca
3. The Bond Markets and Socio-Economic Rights: Understanding the Challenge of Austerity, Mary Dowell-Jones
4. The Global Economic Crisis and its Implications for Economic and Social Rights, Ignazio Saiz and Sally-Anne Way
5. Companies and ESC Rights: The Need for a New Deal?, Olivier De Schutter
III. Interrelationship of ESC Rights with other Legal Regimes
6. Trade and Investment Agreements: What Role for ESC Rights in International Economic Law?, Hans Morten Haugen
7. ESC Rights in the World Trade Organization: Legal Aspects and Reality, Holger P. Hestermeyer
8. From the Other Shore: ESC Rights from an International Environmental Law Perspective, Jorge E. Vinuales and Stephanie Chuffard
9. International Refugee Law and Socio-Economic Rights, Michelle Foster
10. Economic, Social and Cultural Rights - International Criminal Law's Blind Spot?, Larissa van den Herik
IV. Challenges of Non-discrimination and equality in ESC rights
11. Revisiting the Intersection of Economic, Social and Cultural Rights and Civil and Political Rights, Ioana Cismas
12. Non-Discrimination, Substantive Equality, and the realization of ESC Rights for All, Sandra Ratjen
13. ESC Rights and Gender, Christine Chinkin
V. New Concepts and Tools to Measure the Progressive Realization of ESC Rights
14. Indicators and Benchmarks - A Golden Metwand for ESC Rights Monitoring?, Eibe Riedel
15. Budget Analysis and Economic and Social Rights, Aoife Nolan
16. Human Rights Impact Assessments: Emerging Practice and Challenges, Simon Walker
17. Obligation of International Assistance and Cooperation in Development Cooperation: A Legal Map with Areas of Shade and Light, Tahmina Karimova
18. 'Available Resources' and Extraterritorial Human Rights Obligations: the Qualitative Challenge to International Assistance and Cooperation, Sigrun Skogly
VI. New Trends in Monitoring ESC Rights at the International and National Level
19. The International Court of Justice and ESC Rights, Nico Schrijver
20. New Trends in National Jurisprudence on ESC Rights, Malcolm Langford
21. The Role of National Human Rights Institutions in Monitoring ESC Rights, Duncan Wilson and Allison Corkery
22. ESC Rights and Transitional Justice, Frank Haldemann and Rachelle Kouassi