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9781107012776

Global Justice, State Duties

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  • ISBN13:

    9781107012776

  • ISBN10:

    1107012775

  • Format: Hardcover
  • Copyright: 2012-12-24
  • Publisher: Cambridge Univ Pr

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Summary

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 fulfill.

Table of Contents

Introduction: an emerging field
On terminology: extraterritorial obligations
Legal Status
Extraterritorial duties in international law
International financial institutions, transnational corporations and duties of states
Jurisdiction
Extraterritorial human rights and the concept of 'jurisdiction'
Jurisdiction: towards a reasonableness test
Just another word? Jurisdiction in the roadmaps of state responsibility and human rights
Causation
Causality and extraterritorial human rights obligations
Deprivation, causation and the law of international cooperation
Division of Responsibility
Division of responsibility between states
Extraterritorial human rights obligations and the north-south divide
Remedies and Accountability
Remedies and reparation
Accountability mechanisms
Moral theory, international law and global justice
Table of Contents provided by Publisher. All Rights Reserved.

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