
Global Justice, State Duties
The Extraterritorial Scope of Economic, Social, and Cultural Rights in International Law
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Global Justice, State Duties
The Extraterritorial Scope of Economic, Social, and Cultural Rights in International Law
About this book
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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Table of contents
- Contents
- Contributors
- Table of Cases
- Preface
- 1 Introduction
- 2 On Terminology
- part I Legal Status
- 4 International Financial Institutions, Transnational Corporations and Duties of States
- part II Jurisdiction
- 6 Jurisdiction
- 7 Just Another Word? Jurisdiction in the Roadmaps of State Responsibility and Human Rights
- part III Causation
- 9 Deprivation, Causation and the Law of International Cooperation
- part IV Division of Responsibility
- 11 Extraterritorial Human Rights Obligations and the North-South Divide
- part V Remedies and Accountability
- 13 Accountability Mechanisms
- 14 Moral Theory, International Law and Global Justice
- Annex 1: International Covenant on Economic, Social and Cultural Rights
- Annex 2: Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights
- Index