Global Responsibility for Human Rights:: World Poverty and the Development of International Law

Hardcover | November 27, 2007

byMargot E. Salomon, Foreword by Stephen P. Marks

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World poverty represents a failure of the international community to see half of the global population secure their basic socio-economic rights. Yet international law foresees cooperation as essential to the realization of these human rights. In an era of considerable interdependence andentrenched economic and political advantage, the particular features of contemporary world poverty give rise to pressing questions about the scope, evolution, and application of the international law of human rights, and the attribution of global responsibility. This book considers the evolving nature of public international law and human rights with respect to international cooperation as a basis for addressing the role and responsibility of the international community in the creation of an environment conducive to a human-centred globalization. Itoffers a detailed examination of the historically controversial right to development and, through a careful consideration of its current significance and application, reflects the importance of the rationale of the fight to development onto the critical challenge of poverty in the 21st century.Through doctrine and jurisprudence, this book charts recent changes in international law relevant to the ability of states to develop and to fulfil their human rights obligations, and the reality that they are constrained by the actions and structural arrangements of the powerful members of theinternational community. This book explores developments in the system of international safeguards meant to correspond to the deprivation of economic, social, and cultural rights today. By analyzing the approach, contribution, and current limitations of the international law of human rights to the manifestations of worldpoverty, the reader is challenged to rethink human rights and, in particular, the framing of responsibilities that are essential to their protection.

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World poverty represents a failure of the international community to see half of the global population secure their basic socio-economic rights. Yet international law foresees cooperation as essential to the realization of these human rights. In an era of considerable interdependence andentrenched economic and political advantage, the...

Margot E Salomon, PhD (LSE), LLM (UCL, London), MA (Amsterdam), BA (Montreal) is a Lecturer in Law at the Centre for the Study of Human Rights and the Department of Law, London School of Economics and Political Science. She is a member of the Centre's Advisory Board, and convenes the LLM course on World Poverty and Human Rights. Mar...
Format:HardcoverDimensions:240 pages, 9.21 × 6.14 × 0.79 inPublished:November 27, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199284423

ISBN - 13:9780199284429

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Table of Contents

Foreword by Stephen P. MarksIntroduction1. Interdependence and its ImperativesIntroductionTowards an International Community of StatesLocating the international communityInternational law of cooperation as the law of the international communityReconciling sovereignty and interdependenceThe influence of interdependence on international lawThe continued predominance of cooperative internationalism in the 21st centuryGlobalization in an Era of Human RightsEconomic globalization as a structural impediment to the exercise of human rightsPoverty as a human rights issueThe Structural Approach to the Realization of Human RightsThe right to developmentThe position of treaty-bodiesConclusion2. Sources and Content of an International Responsibility to Cooperate for Human RightsIntroductionThe Sources of Cooperation for Human Rights in International LawCooperation and Shared Responsibility in International Human Rights InstrumentsInternational cooperation in human rights conventions and declarationsThe international covenant on economic, social and cultural rights, the convention on the rights of the child and other human rights conventionsDeclarationsThe legal basis of international cooperation in the right to developmentThe normative force of the declaration on the right to developmentInternational cooperation and shared responsibility at world conferencesThe Content of International CooperationThe position of northern States'Maximum available resources'The structural content of international cooperationConclusion3. The Right to Development and Human-Centred GlobalizationIntroductionThe 'Right-Holder' of the Right to DevelopmentThe Right to Development as a Particular Process of DevelopmentThe indivisibility and interdependence of all human rights and the conditioning of economic policyRights-based economic growthObligations of conduct at the international levelPrinciples of the right to developmentEquality and non-discriminationParticipationAccountabilityThe Current Incongruence of International Legal RegimesConclusion4. A Doctrine of Basic Universal Rights and Supra-Positive ObligationsIntroductionBeyond Legal PositivismThe Universal Principle to Respect and Observe Human RightsWhat Constitutes Basic Rights Today?Basic Rights and Community ObligationsConclusion5. Attributing Global Legal ResponsibilityIntroductionThe Due Diligence Requirement and the Global Standard of CareA Typology for World Poverty: International Obligations to Remedy and to Prevent Human Rights ViolationsConclusion6. Concluding Remarks: Latter-Day Tyranny and the Future of Human Rights