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Sovereign Debt and Socio-economic Rights Beyond Crisis
"Today, when the relationship between sovereign debt and economic and social rights (ESR)1 is mentioned, austerity2 inevitably comes to mind. At least in Europe, austerity materialised, in the aftermath of the 2008 Global Financial Crisis, as a consequence of the Eurozone debt crisis, negatively affecting the realisation of many of the rights enshrined in core international human rights instruments, such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the European Social Charter, and producing what, in hindsight, clearly appears as a permanent restructuring of the welfare systems of several European countries. The attention of human rights scholars, monitoring bodies and civil society has, therefore, largely refocused on the human rights impacts of austerity and economic reform policies3 (and, more recently, on the strains put by the coronavirus disease COVID-19 pandemic on state resources, and the impact of pre-existing debt on the emergency response efforts of several countries),4 after that, in recent decades, it had been mainly directed to issues of debt restructuring,5 debt relief,6 and odious debt"--
Sovereign Debt and Socio-Economic Rights Beyond Crisis
Argues that the 'neoliberalisation' of international and EU law has been advanced in the wake of the Eurozone debt crisis.
Judicial Convergence and Fragmentation in International Human Rights Law
This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.
Constitutionalism and Transnational Governance Failures
This book explores strategies for limiting transnational market failures, governance failures and constitutional failures impeding protection of the universally agreed sustainable development goals like climate change mitigation and access to justice and transnational rule-of-law. Can multilevel democratic and judicial protection of fundamental rights and public goods across frontiers be extended through plurilateral agreements? Can transnational economic and environmental constitutionalism be reconciled with ‘constitutional pluralism’ and with democratic constitutionalism depending on individual and democratic consent of free and equal citizens? Will judicial challenges (e.g. of EU carb...
The Ripple Effect
In The Ripple Effect, Enze Han argues that a focus on the Chinese state alone is not sufficient for a comprehensive understanding of China's influence in Southeast Asia. Instead, we must look beyond the Chinese state, to non-state actors from China, such as private businesses and Chinese migrants. These actors affect people's perception of China in a variety of ways, and they often have wide-ranging as well as long-lasting effects on bilateral relations. Han proposes that to understand this increasingly globalized China, we need more conceptual flexibility regarding which Chinese actors are important to China's relations, and how they wield this influence, whether intentional or not.
International Law
International Law provides a comprehensive theoretical examination of the key areas of international law. In addition to classic cases and materials, Carlo Focarelli addresses the latest relevant international practice to illustrate contemporary themes and trends in international law and to examine its most topical challenges.
The Routledge Handbook on Extraterritorial Human Rights Obligations
The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and ...
Der Vorbehalt des Möglichen
Grundrechte auf staatliche Leistungen haben einen Preis. Nicht alles, was grundrechtlich geboten ist, kann in optimaler Weise erfullt werden, da die staatlichen Ressourcen begrenzt sind. Verfassungsgerichte setzen den "Vorbehalt des Moglichen" ein, um anzuzeigen, dass die Geltung der Grundrechte von den Moglichkeiten eines Staates abhangt. Lino Munaretto betrachtet den "Vorbehalt des Moglichen" aus verschiedenen rechtstheoretischen Perspektiven und entwickelt hieraus dogmatische Grundsatze. Dabei legt er ein besonderes Augenmerk auf die Frage, wann welche staatlichen Organe legitimiert sind, Verteilungskonflikte zu entscheiden und problematisiert die Rolle von Gerichten, die in die Verteilung von offentlichen Ressourcen eingreifen. In einer praktischen Erprobung werden die Befunde schliesslich anhand eines konkreten Rechts untersucht: dem Grundrecht auf Gesundheit.
The Cambridge Handbook of New Human Rights
The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.
Economic and Social Rights in a Neoliberal World
This multidisciplinary book examines the potential of economic and social rights to contest adverse impacts of neoliberalism on human wellbeing.
