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Litigating Transnational Human Rights Obligations

Edited by: Mark Gibney, Wouter Vandenhole

ISBN13: 9780415858113
Published: October 2013
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £130.00
Paperback edition , ISBN13 9781138639508



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Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents.

Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively.

In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law.

This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law.

The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Introduction: Transnational human rights obligations, Mark Gibney and Wouter Vandenhole

Part 1: International Economic Governance Structures
2. U.S. Trade Santions (World Trade Organization, Panel, Claire Buggenhoudt
3. Biofuel and the Right to Food (World Trade Organization, Panel), Alexia Herwig
4. Land Grabbing and Gender Issues (International Finance Corporation and Compliance Advisor Ombudsman), Joss Saunders

Part 2: Global (Human Rights) Monitoring Bodies
5. Putting an End to Victims without Borders: Child pornography (Committee on the Rights of the Child), Gamze Erdem Turkelli
6. Extraterritorial Shared Responsibility for the Right to Health (Committee on Economic, Social and Cultural Rights), Rachel Hammonds and Gorik Ooms
7. Economic, Social and Cultural Rights of Nuba Peoples (Committee on Economic, Social and Cultural Rights), Jernej Letnar Cernic
8. "Only the Little People Pay Taxes": Tax evasion and Switzerland's extraterritorial obligations to economic, social and cultural rights (Committee on Economic, Social and Cultural Rights), Nicholas Lusiani
9.Labour Rights in a Transnational Perspective (Committee on Economic, Social and Cultural Rights), Arne Vandenbogaerde
10. Climate Change (Human Rights Committee, Ad hoc Conciliation Commission), Margreet Wewerinke
11. Land Grabbing in Uganda by a Multinational Coporation (World Court of Justice), Christopher Mbazira
13. Structural Adjustment and Farmers' Suicide in India (International Court of Justice), Anita Punj
14. (Economic) Crimes against Humanity (International Criminal Court), Michael Wabwile

Part 3: Regional Human Rights Monitoring Bodies
15. Public Duties for Private Wrongs: Regulation of multinationals (African Commission on Human and Peoples' Rights), Takele Soboka Bulto
16. Forced Evictions in Zimbabwe (African Commission on Human and Peoples' Rights), Khulekani Moyo
17. Land Grabbing in South America (Inter-American Human Rights Commission), Ana Maria Suarez-Franco
18/ Enforcing Extraterritorial Social Rights in the Eurozone Crisis (European Committee of Social Rights), Matthias Sant'Ana
19. Military Interventions in Non-European States (European Court of Human Rights), Nico Moons

Part 4: Domestic Courts
20. Extraordinary Rendition (U.S. Supreme Court), Mark Gibney

Series: Routledge Research in Human Rights Law

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£120.00
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Executive Clemency: Comparative and Empirical Perspectives (eBook) ISBN 9781000082258
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£35.09
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Human Rights and America's War on Terror ISBN 9780367499037
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Critical Indigenous Rights Studies ISBN 9780367481353
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£36.99
Criminal Theory and International Human Rights Law ISBN 9780367182274
Published October 2019
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£120.00
Criminal Punishment and Human Rights: Convenient Morality (eBook) ISBN 9780429861475
Published March 2019
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£35.99
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Criminal Punishment and Human Rights: Convenient Morality ISBN 9781138625792
Published March 2019
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£120.00
Civil and Political Rights in Japan: A Tribute to Sir Nigel Rodley ISBN 9780815385844
Published February 2019
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£120.00
Civil and Political Rights in Japan: A Tribute to Sir Nigel Rodley (eBook) ISBN 9781351180016
Published February 2019
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£35.09
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Human Rights in the Media: Fear and Fetish (eBook) ISBN 9781317239482
Published January 2019
Routledge
£40.49
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Human Rights in the Media: Fear and Fetish ISBN 9781138645813
Published January 2019
Routledge
£120.00
Critical Indigenous Rights Studies (eBook) ISBN 9781351747554
Published August 2018
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£35.09
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Critical Indigenous Rights Studies ISBN 9781138729339
Published August 2018
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£120.00
Developing the Right to Social Security: A Gender Perspective ISBN 9780815354598
Published January 2018
Routledge
£42.99
£42.99
Freedom from Religion and Human Rights Law ISBN 9781138632967
Published November 2017
Routledge
£125.00
£38.69
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The Istanbul Convention, Domestic Violence and Human Rights ISBN 9781138953673
Published April 2017
Routledge
£130.00
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£130.00
Care, Migration and Human Rights: Law and Practice ISBN 9781138701847
Published January 2017
Routledge
£44.99
Resolving Conflicts between Human Rights: The Judge's Dilemma ISBN 9781138658011
Published November 2016
Routledge
£125.00
Resolving Conflicts between Human Rights: The Judge's Dilemma (eBook) ISBN 9781317218678
Published November 2016
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£38.69
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£46.99
£44.99
(ePub)
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Developing the Right to Social Security: A Gender Perspective ISBN 9781138120112
Published June 2016
Routledge
£130.00
Nomadic Peoples and Human Rights ISBN 9781138666498
Published March 2016
Routledge
£42.99
£130.00
£44.99
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£125.00
Care, Migration and Human Rights: Law and Practice (eBook) ISBN 9781317646037
Published February 2015
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£48.99
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Care, Migration and Human Rights: Law and Practice ISBN 9781138792869
Published February 2015
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£130.00
China's Human Rights Lawyers and Contemporary Chinese Law (eBook) ISBN 9781134450688
Published December 2014
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£40.49
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China's Human Rights Lawyers and Contemporary Chinese Law ISBN 9780415870849
Published December 2014
Routledge
£130.00
£51.99
(ePub)
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£125.00
£34.99
Human Rights Law and Personal Identity (eBook) ISBN 9781134443338
Published June 2014
Routledge
£46.99
(ePub)
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Human Rights Law and Personal Identity ISBN 9780415529723
Published June 2014
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£125.00
Nomadic Peoples and Human Rights (eBook) ISBN 9781136020247
Published April 2014
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£46.99
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Nomadic Peoples and Human Rights ISBN 9780415526968
Published April 2014
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£125.00
Litigating Transnational Human Rights Obligations (eBook) ISBN 9781135121129
Published October 2013
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£42.99
(ePub)
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Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415715270
Published July 2013
Routledge
£46.99
£36.99
(ePub)
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£125.00
The EU as a ‘Global Player’ in Human Rights?
Edited by: Jan Wetzel
ISBN 9780415587051
Published February 2012
Routledge
£125.00
The EU as a ‘Global Player’ in Human Rights? (eBook)
Edited by: Jan Wetzel
ISBN 9781136455292
Published February 2012
Routledge
£33.29
(ePub)
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£51.99
(ePub)
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Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415668217
Published January 2012
Routledge
£125.00
Human Rights Monitoring Mechanisms of the Council of Europe (eBook) ISBN 9781136667930
Published July 2011
Routledge
£38.69
(ePub)
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Human Rights Monitoring Mechanisms of the Council of Europe ISBN 9780415581622
Published July 2011
Routledge
£125.00