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Post-War conceptions of human rights have evolved independently of long-established theory and practice of property and creditor rights, to the detriment of the development and implementation of human rights law. This chapter attempts to build a first bridge between these two fields of law. It...
Persistent link: https://www.econbiz.de/10012957342
We often fail to see important dimensions of international human rights (HR) protection because we use lenses that do not reveal them. This short article suggests a way of looking at HR protection that I believe has value in many contexts and for many – those who make decisions about human...
Persistent link: https://www.econbiz.de/10012963308
While there is widespread agreement that climate change has negative implications for the enjoyment of human rights, it remains unclear in what circumstances State action associated with climate change amounts to a human rights violation. To unpack this question, this chapter analyses how the...
Persistent link: https://www.econbiz.de/10012963532
This chapter discusses the provisions in the Canada-EU Comprehensive Economic and Trade Agreement (CETA) on the protection of labour and environmental standards and human rights. It first outlines the obligations of the parties to protect labour and environmental standards, human rights and...
Persistent link: https://www.econbiz.de/10012963604
This case study identifies the key human rights obligations (based on the International covenant on Economic Social and Cultural Rights, ICESCR) that are relevant to any analysis of funding for mental health services as an aspect of the realization of the right to health. It discusses these...
Persistent link: https://www.econbiz.de/10013036792
This short paper explores the implications of international standards for European migration law, in particular the application of the Dublin II Regulation and the operation of Frontex. It discusses the facts and judgments in the 2011 and 2012 European Court of Human Rights decisions Belgium and...
Persistent link: https://www.econbiz.de/10013036800
In this paper, I propose a hybrid constructivist-rationalist theory of compliance with the judgments of the European Court of Human Rights (ECtHR) and investigate its validity both quantitatively and qualitatively, based on a comprehensive database on the compliance status of all ECtHR judgments...
Persistent link: https://www.econbiz.de/10013037236
This paper explores the current problematic rebirth of liberalism in Africa and why the rule of law must be reconsidered to achieve sustainable development. It accepts the common view that no viable society can exist today without a credible, legitimate, and widely accepted legal regime. In...
Persistent link: https://www.econbiz.de/10012987351
Human rights actors have increasingly turned their attention to the role of multinational corporations (MNCs) and their ability to promote or impede the fulfilment of economic, social and cultural rights. This discussion requires an analysis of all relevant players, including those who finance...
Persistent link: https://www.econbiz.de/10012989659