The International Covenant on Economic, Social and Cultural Rights Commentary, Cases, and Materials

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  • Format: Hardcover
  • Copyright: 2014-05-06
  • Publisher: Oxford University Press
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Author Biography

Ben Saul, Professor of International Law, Sydney Law School, The University of Sydney,David Kinley, Professor of Human Rights Law, Sydney Law School, The University of Sydney,Jaqueline Mowbray, Senior Lecturer, Sydney Law School, The University of Sydney

Ben Saul is Professor of International Law and an Australian Research Council Future Fellow at the University of Sydney. Ben has expertise on global counter-terrorism law, human rights, the law of armed conflict, and international criminal law. He has published 10 books, 75 scholarly articles, and hundreds of other publications and presentations, and his research has been used in national and international courts. Ben has taught law at Oxford, the Hague Academy of International Law and in China, India, Nepal and Cambodia, and has been a visiting professor at Harvard Law School. Ben practises as a barrister in international and national courts, has advised various United Nations bodies and foreign governments, has delivered foreign aid projects, and often appears in the media. He has a doctorate in law from Oxford and honours degrees in Arts and Law from Sydney.

Professor David Kinley holds the Chair in Human Rights Law at University of Sydney. He is also an Academic Panel member of Doughty Street Chambers in London, a member of the Australian Council for Human Rights, and was a founding member of Australian Lawyers for Human Rights. He is currently on the Faculty of Oxford/George Washington Universities' International Human Rights Law Summer School and has previously held teaching positions at Cambridge University, ANU, University of New South Wales, Washington College of Law, American University, and Paris 1 (La Sorbonne). He was also the founding Director of the Castan Centre for Human Rights Law at Monash University (2000-2005). David was a Senior Fulbright Scholar in 2004, based in Washington DC, and the Herbert Smith Visiting Fellow at the Faculty of Law, University of Cambridge in 2008. He has written and edited eleven books and more than 100 articles, book chapters, reports and papers.

Jacqueline Mowbray is a Senior Lecturer in Law and Co-Director of the Sydney Centre for International Law at the University of Sydney. She is a graduate of the Universities of Queensland (BA LLB (Hons)), Melbourne (LLM) and Cambridge (LLM (Hons) PhD). Jacqueline has practised as a solicitor with Freehills in Melbourne and Barlow Lyde & Gilbert in London, and she teaches on the European Masters program in human rights, which is taught at the University of Sarajevo, Bosnia-Herzegovina. Her particular area of interest is international law and legal theory, with a focus on international human rights law. She is currently working on a number of projects relating to international law and language policy, and the position of linguistic minorities under international law. Jacqueline also teaches in the area of commercial law and international commercial transactions.

Table of Contents

Introduction: International Law and Economic, Social, and Cultural Rights
1. Article 1: Self-Determination
2. Article 2(1): Progressive Realisation
3. Article 2(2)-(3): Non-Discrimination
4. Article 3: Equality
5. Article 4: Limitations and Correlative Duties
6. Article 5: Duties to Respect Rights
7. Article 6: Right to Work
8. Article 7: Fair Conditions of Work
9. Article 8: Trade Unions
10. Article 9: Social Security
11. Article 10: Family Rights
12. Article 11: Adequate Standard of Living, including Food, Clothing, Housing
13. Article 12: Health
14. Article 13: Education
15. Article 14: Primary Education
16. Article 15: Cultural Rights
17. The Right to Development
18. Environmental Rights
19. Rights to Water
20. Rights of Indigenous Peoples
21. Rights to Peace and Security
A. International Covenant on Economic, Social and Cultural Rights 1966
B. Optional Protocol to the International Covenant on Economic, Social and Cultural Rights 2008
C. States Parties to the ICESCR
D. States Parties to the Optional Protocol to the ICESCR
E. Members (Past and Present) of the UN Committee on Economic, Social and Cultural Rights
F. First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms
G. Revised European Social Charter 1996
H. Additional Protocol to the American Convention On Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador)
I. African Charter of Human and People's Rights 1981, articles 15 (right to work), 16 (right to health), 17 (right to education)
J. European Union Charter of Fundamental Rights 2000
K. UN Declaration on the Right to Development 1986
L. UN General Assembly Resolution 64/292 (2010) on the Human Right to Water and Sanitation
M. UN General Assembly Declaration on the Rights of Indigenous Peoples, Resolution 61/295 (2007)
N. UN General Assembly Resolutions on the Right to Food (various)
O. Extracts from the Constitution of the Republic of South Africa 1996
P. Extracts from the Constitution of the Republic of India 1950
Q. Extracts from selected national constitutions

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