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This article weighs up the arguments against justiciability of Economic Social Rights (ESRs). It emphasizes the importance of ESRs; stipulates that any argument against the legitimacy of judicial enforcement of ESRs is neither plausible nor supported by reality on ground; and seeks to cast doubt...
Persistent link: https://www.econbiz.de/10012946088
As many domestic, inter-regional, and international political economy concerns burdened China's 2001 accession to the World Trade Organization (quot;WTOquot;), including the aftermath of accession, there is the often ignored impact of China's accession on Taiwan and its bid for international...
Persistent link: https://www.econbiz.de/10012765426
In December 2007 the US Supreme Court heard oral arguments in its latest Guantaacute;namo Bay cases, Boumediene vs. Bush and Al Odah vs. United States. Interestingly, the argumentation offered in this litigation was almost exclusively domestic - international human rights law did not feature in...
Persistent link: https://www.econbiz.de/10012766466
Human rights violations are perpetrated by corporate actors with troubling frequency. In most cases, plaintiffs do not have access to remedy. For 30 years, the United States has been a beacon of hope, its courts adjudicating human rights claims against corporate defendants under the Alien Tort...
Persistent link: https://www.econbiz.de/10012824539
This paper analyses the forgotten right to continuous improvement of living conditions in ICESCR Art 11(1), drawing on: the travaux préparatoires; the broader context of Twentieth Century international law; and the work of the Committee on Economic, Social and Cultural Rights. It argues that we...
Persistent link: https://www.econbiz.de/10012826347
Drawing on an expert seminar, a public consultation and more than 40 written submissions, the report describes possible methods of implementing human rights obligations relating to the enjoyment of a healthy environment. The proposals are addressed to: (a) the Human Rights Council, the United...
Persistent link: https://www.econbiz.de/10012970076
The paper deals mainly with the emerging legal issues related to climate change and their interlinkages with the WTO law, human rights law, investment law and environmental law. While the comprehensive international legal regime for climate change is still not established, the guidance in...
Persistent link: https://www.econbiz.de/10012975477
This past summer, the Working Group on the Issue of Human Rights and Transnational Corporations and other Business Enterprises delivered its 2016 Report to the U.N. Human Rights Council. The focus of that report was the relationship of states and state owned enterprises to the state duty to...
Persistent link: https://www.econbiz.de/10012979273