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基本説明
Draws on international law aimed at the protection and promotion of human rights, studies how it is evolving and how it might develop.
Full Description
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 establishes that cooperation is essential to the realisation of these human rights. In an era of considerable interdependence and marked 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 human rights and international cooperation in international law 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. It offers 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 right to development onto the critical challenge of poverty in the 21st century.
Through doctrine and jurisprudence this timely publication provides a systematic exposition of the legal responsibility of the powerful members of the international community to cooperate in addressing the structural obstacles that impact on the ability of states to develop and to fulfil their human rights obligations.
Contents
Foreword by Stephen P. Marks ; INTRODUCTION ; 1. INTERDEPENDENCE AND ITS IMPERATIVES ; 1.1 Introduction ; 1.2 Towards an International Community of States ; 1.2.1 Locating the international community ; 1.2.2 International law of cooperation as the law of the international community ; 1.2.3 Reconciling sovereignty and interdependence ; 1.2.4 The influence of interdependence on international law ; 1.2.5 The continued predominance of cooperative internationalism in the 21st century ; 1.3 Globalization in an Era of Human Rights ; 1.3.1 Economic globalization as a structural impediment to the exercise of human rights ; 1.3.2 Poverty as a human rights issue ; 1.4 The Structural Approach to the Realization of Human Rights ; 1.4.1 The right to development ; 1.4.2 The position of treaty-bodies ; 1.5 Conclusion ; 2. SOURCES AND CONTENT OF AN INTERNATIONAL RESPONSIBILITY TO COOPERATE FOR HUMAN RIGHTS ; 2.1 Introduction ; 2.2 The Sources of Cooperation for Human Rights in International Law ; 2.3 Cooperation and Shared Responsibility in International Human Rights Instruments ; 2.3.1 International cooperation in human rights conventions and declarations ; 2.3.1.1 The International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child and other human rights conventions ; 2.3.1.2 Declarations ; 2.3.1.3 The legal basis of international cooperation in the right to development ; 2.3.1.4 The normative force of the Declaration on the Right to Development ; 2.3.1.5 International cooperation and shared responsibility at world conferences ; 2.4 The Content of International Cooperation ; 2.4.1 The position of Northern states ; 2.4.2 'Maximum available resources' ; 2.4.3 The structural content of international cooperation ; 2.5 Conclusion ; 3. THE RIGHT TO DEVELOPMENT AND HUMAN-CENTERED GLOBALIZATION ; 3.1 Introduction ; 3.2 The 'Right-Holder' of the Right to Development ; 3.3 The Right to Development as a Particular Process of Development ; 3.3.1 The indivisibility and interdependence of all human rights and the conditioning of economic policy ; 3.3.2 Rights-based economic growth ; 3.3.3 Obligations of conduct at the international level ; 3.3.4 Principles of the right to development ; 3.3.4.1 Equality and non-discrimination ; 3.3.4.2 Participation ; 3.3.4.3 Accountability ; 3.4 The Current Incongruence of International Legal Regimes ; 3.5 Conclusion ; 4. A DOCTRINE OF BASIC UNIVERSAL RIGHTS AND SUPRA-POSITIVE OBLIGATIONS ; 4.1 Introduction ; 4.2 Beyond Legal Positivism ; 4.3 The Universal Principle to Respect and Observe Human Rights ; 4.4 What Constitutes Basic Rights Today? ; 4.5 Basic Rights and Community Obligations ; 4.6 Conclusion ; 5. ATTRIBUTING GLOBAL LEGAL RESPONSIBILITY ; 5.1 Introduction ; 5.2 The Due Diligence Requirement and the Global Standard of Care ; 5.3 A Typology for World Poverty: International Obligations to Remedy and to Prevent Human Rights Violations ; 5.4. Conclusion ; 6. CONCLUDING REMARKS: LATTER-DAY TYRANNY AND THE FUTURE OF HUMAN RIGHTS
