Publicaciones

Posted on Actualizado enn

Source: International Law Reporter

Saul, Kinley, & Mowbray: The International Covenant on Economic, Social and Cultural Rights: Commentary, Cases, and Materials

Ben Saul (Univ. of Sydney – Law), David Kinley (Univ. of Sydney – Law), & Jaqueline Mowbray (Univ. of Sydney – Law) have published The International Covenant on Economic, Social and Cultural Rights: Commentary, Cases, and Materials (Oxford Univ. Press 2014). Here’s the abstract:

Economic, social and cultural rights are finally coming of age. This book brings together all essential documents, materials, and case law relating to the International Covenant on Economic, Social and Cultural Rights (ICESCR) – one of the most important human rights instruments in international law – and its Optional Protocol. This book presents extracts from primary materials alongside critical commentary and analysis, placing the documents in their wider context and situating economic, social, and cultural rights within the broader human rights framework.

There is increasing interest internationally, regionally, and in domestic legal systems in the protection of economic, social, and cultural rights. The Optional Protocol of 2008 allows for individual communications to be made to the UN Committee on Economic, Social and Cultural Rights after its entry into force in 2013. At the regional level, socio-economic rights are well embedded in human rights systems in Europe, Africa and the Americas. At the national level, constitutions and courts have increasingly regarded socio-economic rights as justiciable, narrowing the traditional divide with civil and political rights.

This book contextualises these developments in the context of the ICESCR. It provides detailed analysis of the ICESCR structured around its articles, drawing on national as well as international case law and materials, and containing all of the key primary materials in its extensive appendices. This book is indispensible for the judiciary, human rights practitioners, government legal advisers and agencies, national human rights institutions, international organisations, regional human rights bodies, NGOs and human rights activists, academics, and students alike.

Source: International Law Reporter

Silva: State Legitimacy and Failure in International Law

Mario Silva (International Holocaust Remembrance Alliance) has published State Legitimacy and Failure in International Law (Martinus Nijhoff Publishers 2014). Here’s the abstract:

Failing states share characteristics of inadequate structural competency, including, inter alia, the inability to advance human welfare and security. Economic inequalities and corruption are present, as well as a loss of legitimacy and reduced social cohesion. Failure of rule of law is manifested in areas of judicial adjudication, security, reduced territorial control and systemic political instability. The international community often confronts these challenges in a manner that actually complicates issues further through lack of consensus among state actors. Consequently, a new and emerging concept of sovereignty requires review in terms of the postmodern state. Through scholarly consideration, State Legitimacy and Failure in International Law evaluates gaps in structural competency that precipitate state failure and examines the resulting consequences for the world community.

Source: International Law Reporter

Barton: International Law and the Future of Freedom

John H. Barton has published International Law and the Future of Freedom (Stanford Univ. Press 2014). Here’s the abstract:

International Law and The Future of Freedom is the late John Barton’s exploration into ways to protect our freedoms in the new global international order. This book forges a unique approach to the problem of democracy deficit in the international legal system as a whole—looking at how international law concretely affects actual governance. The book draws from the author’s unparalleled mastery of international trade, technology, and financial law, as well as from a wide array of other legal issues, from espionage law, to international criminal law, to human rights law.

The book defines the new and changing needs to assert our freedoms and the appropriate international scopes of our freedoms in the context of the three central issues that our global system must resolve: the balance between security and freedom, the balance between economic equity and opportunity, and the balance between community and religious freedom. Barton explores the institutional ways in which those rights can be protected, using a globalized version of the traditional balance of powers division into the global executive, the global legislature, and the global judiciary.

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