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Book
xv, 687 p. ; 26 cm.
  • Part I. Overview: 1. The justiciability of social rights: from practice to theory Malcolm Langford-- 2. The challenges of crafting remedies for violations of socio-economic rights Kent Roach-- 3. The right to legal aid in social rights litigation Andrea Durbach-- Part II. Select National Jurisdictions: 4. South Africa Sandra Liebenberg-- 5. India S. Muralidhar-- 6. South Asia Iain Byrne and Sara Hossain-- 7. Colombia Magdalena Sepulveda-- 8. Argentina Christian Courtis-- 9. Brazil Flavia Piovesan-- 10. Venezuela Enrique Gonzalez-- 11. Canada Martha Jackman and Bruce Porter-- 12. The United States Cathy Albisa and Jessica Schultz-- 13. Hungary Malcolm Langford-- 14. France Laurent Pech-- 15. United Kingdom Jeff A. King-- 16. Ireland Aoife Nolan-- Part III. Regional Procedures and Jurisprudence: 17. African regional human rights system Danwood Mzikenge Chirwa-- 18. The inter-American commission on human rights Tara J. Melish-- 19. The inter-American court of human rights Tara J. Melish-- 20. European court of human rights Luke Clements and Alan Simmons-- 21. The European committee of social rights Urfan Khaliq and Robin Churchill-- 22. European court of justice Philippa Watson-- Part IV. International Human Rights Procedures and Jurisprudence: 23. Committee on economic, social and cultural rights: past, present and future Malcolm Langford and Jeff A. King-- 24. Committee on the elimination of racial discrimination Nathalie Prouvez-- 25. Human rights committee Martin Scheinin-- 26. Committee on the elimination of discrimination against women Leilani Farha-- 27. Committee on the rights of the child Geraldine Van Bueren-- Part V. Special Topics: 28. The international labor organization Colin Fenwick-- 29. Liability of multinational corporations Sarah Joseph-- 30. The World Bank inspection panel Dana Clark.
  • (source: Nielsen Book Data)9780521860949 20160528
In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable.
(source: Nielsen Book Data)9780521860949 20160528
Law Library (Crown)
Book
xv, 687 p.
  • Part I. Overview: 1. The justiciability of social rights: from practice to theory Malcolm Langford-- 2. The challenges of crafting remedies for violations of socio-economic rights Kent Roach-- 3. The right to legal aid in social rights litigation Andrea Durbach-- Part II. Select National Jurisdictions: 4. South Africa Sandra Liebenberg-- 5. India S. Muralidhar-- 6. South Asia Iain Byrne and Sara Hossain-- 7. Colombia Magdalena Sepulveda-- 8. Argentina Christian Courtis-- 9. Brazil Flavia Piovesan-- 10. Venezuela Enrique Gonzalez-- 11. Canada Martha Jackman and Bruce Porter-- 12. The United States Cathy Albisa and Jessica Schultz-- 13. Hungary Malcolm Langford-- 14. France Laurent Pech-- 15. United Kingdom Jeff A. King-- 16. Ireland Aoife Nolan-- Part III. Regional Procedures and Jurisprudence: 17. African regional human rights system Danwood Mzikenge Chirwa-- 18. The inter-American commission on human rights Tara J. Melish-- 19. The inter-American court of human rights Tara J. Melish-- 20. European court of human rights Luke Clements and Alan Simmons-- 21. The European committee of social rights Urfan Khaliq and Robin Churchill-- 22. European court of justice Philippa Watson-- Part IV. International Human Rights Procedures and Jurisprudence: 23. Committee on economic, social and cultural rights: past, present and future Malcolm Langford and Jeff A. King-- 24. Committee on the elimination of racial discrimination Nathalie Prouvez-- 25. Human rights committee Martin Scheinin-- 26. Committee on the elimination of discrimination against women Leilani Farha-- 27. Committee on the rights of the child Geraldine Van Bueren-- Part V. Special Topics: 28. The international labor organization Colin Fenwick-- 29. Liability of multinational corporations Sarah Joseph-- 30. The World Bank inspection panel Dana Clark.
  • (source: Nielsen Book Data)9780521860949 20160528
In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable.
(source: Nielsen Book Data)9780521860949 20160528
Book
1 online resource : digital, PDF file(s).
  • 1. Introduction: situating the debate Malcolm Langford, Andy Sumner and Alicia Ely Yamin-- Part I. Perspectives: 2. Goals and rights: working together? James W. Nickel-- 3. The limits of human rights: the role of the MDGs Jan Vandemoortele-- 4. Master or servant? Development goals and human rights Mac Darrow-- 5. The political within the depoliticised: poverty measurement and implicit agendas in the MDGs Andrew M. Fischer-- 6. The economics of human rights and MDGs Milan Brahmbhatt and Otaviano Canuto-- 7. International development actors and human rights Siobhan McInerney-Lankford-- Part II. Synergies and Conflicts in Different Goals: 8. Poverty, hunger and statistical progress Thomas Pogge-- 9. Sexual and reproductive health, rights and MDG 5: taking stock-- looking forward Alicia Ely Yamin-- 10. The struggle against HIV/AIDS: rights, economics and global responsibility Gorik Ooms, Rachel Hammonds and Gregg Gonsalves-- 11. Education and HIV/AIDS: disability rights and inclusive development Michael Ashley Stein, Charlotte McClain-Nhlapo and Janet E. Lord-- 12. 'Slum' upgrading or 'slum' eradication? The mixed message of the MDGs Marie Huchzermeyer-- 13. International cooperation, MDG 8 and human rights Aldo Caliari and Mac Darrow-- Part III. Framing the Post-2015 Agenda: 14. What issues will (re)define the post-2015 debate? Andy Sumner and Meera Tiwari-- 15. Beyond the romantic violence of the MDGs: development, aid and human rights Charles Gore-- 16. Integrating human rights and equality: a development agenda for the future Dan Seymour-- 17. Global norms and national politics: the case of social protection Armando Barrientos and David Hulme-- 18. Monitoring MDGs: a human rights critique and alternative Sakiko Fukuda-Parr and Joshua Greenstein-- 19. Rethinking the metrics of progress: the case of water and sanitation Malcolm Langford-- 20. Goals, rights and political economy: daring to break out of the liberal ideological box! Fantu Cheru-- Part IV. Concluding Perspective: 21. Back to the future: reconciling paradigms or development as usual? Malcolm Langford, Alicia Ely Yamin and Andy Sumner.
  • (source: Nielsen Book Data)9781107031913 20160612
The Millennium Development Goals (MDGs) have generated tremendous discussion in global policy and academic circles. On the one hand, they have been hailed as the most important initiative ever in international development. On the other hand, they have been described as a great betrayal of human rights and universal values that has contributed to a depoliticization of development. With contributions from scholars from the fields of economics, law, politics, medicine and architecture, this volume sets out to disentangle this debate in both theory and practice. It critically examines the trajectory of the MDGs, the role of human rights in theory and practice, and what criteria might guide the framing of the post-2015 development agenda. The book is essential reading for anyone interested in global agreements on poverty and development.
(source: Nielsen Book Data)9781107031913 20160612
Book
xviii, 527 pages : illustrations ; 24 cm
  • Introduction: From jurisprudence to compliance / Malcolm Langford, César Rodríguez-Garavito and Julieta Rossi
  • Explaining compliance : lessons learnt from civil and political rights / Basak Çali and Anne Koch
  • Beyond enforcement : assessing and enhancing judicial impact / César Rodríguez-Garavito
  • Costa Rica : understanding variations in compliance / Bruce M. Wilsonand Olman A. Rodríguez L
  • Argentina : implementation of collective cases / Martín Sigal, Julieta Rossi, and Diego Morales
  • Brazil : are collective suits harder to enforce? / Octavio Luiz Motta Ferraz
  • Canada : systemic claims and remedial diversity / Bruce Porter
  • United States : education rights and the parameters of the possible / Amanda Shanorand Cathy Albisa
  • India : compliance with orders on the right to food / Poorvi Chitalkar and Varun Gauri
  • South Africa : rethinking enforcement narratives / Malcolm Langford and Steve Kahanovitz
  • The African human rights system and domestic enforcement / Frans Viljoen
  • Reproductive rights litigation : from recognition to transformation / Luisa Cabal and Suzannah Phillips
  • International housing rights and domestic prejudice : the case of Roma and Travellers / Andi Dobrushi and Theodoros Alexandridis
  • Solving the problem of (non)compliance in se rights litigation / Daniel M. Brinks.
The past few decades have witnessed an explosion of judgments on social rights around the world. However, we know little about whether these rulings have been implemented. Social Rights Judgments and the Politics of Compliance is the first book to engage in a comparative study of compliance of social rights judgments as well as their broader effects. Covering fourteen different domestic and international jurisdictions and drawing on multiple disciplines, it finds significant variance in outcomes and reveals both spectacular successes and failures in making social rights a reality on the ground. This variance is strikingly similar to that found in previous studies on civil rights, and the key explanatory factors lie in the political calculus of defendants and the remedial framework. The book also discusses which strategies have enhanced implementation, and focuses on judicial reflexivity, alliance building and social mobilisation.
(source: Nielsen Book Data)9781107160217 20170424
Law Library (Crown)
Book
1 online resource : digital, PDF file(s).
  • Part I. Overview: 1. Introduction: from jurisprudence to compliance Malcolm Langford, Cesar Rodriguez-Garavito and Julieta Rossi-- 2. Explaining compliance: lessons learnt from civil and political rights Basak Cali and Anne Koch-- 3. Beyond enforcement: assessing and enhancing judicial impact Cesar Rodriguez-Garavito-- Part II. Case Studies: 4. Costa Rica: understanding variations in compliance Bruce M. Wilson and Olman A. Rodriguez L.-- 5. Argentina: implementation of collective cases Martin Sigal, Julieta Rossi and Diego Morales-- 6. Brazil: are collective suits harder to enforce? Octavio Luiz Motta Ferraz-- 7. Canada: systemic claims and remedial diversity Bruce Porter-- 8. United States: education rights and the parameters of the possible Amanda Shanor and Cathy Albisa-- 9. India: compliance with orders on the right to food Poorvi Chitalkar and Varun Gauri-- 10. South Africa: rethinking enforcement narratives Malcolm Langford and Steve Kahanovitz-- 11. The African human rights system and domestic enforcement Frans Viljoen-- 12. Reproductive rights litigation: from recognition to transformation Luisa Cabal and Suzannah Phillips-- 13. International housing rights and domestic prejudice: the case of Roma and Travellers Andi Dobrushi and Theodoros Alexandridis-- Part III. Concluding Perspectives: 14. Solving the problem of (non)compliance in SE rights litigation Daniel M. Brinks.
  • (source: Nielsen Book Data)9781107160217 20170502
The past few decades have witnessed an explosion of judgments on social rights around the world. However, we know little about whether these rulings have been implemented. Social Rights Judgments and the Politics of Compliance is the first book to engage in a comparative study of compliance of social rights judgments as well as their broader effects. Covering fourteen different domestic and international jurisdictions and drawing on multiple disciplines, it finds significant variance in outcomes and reveals both spectacular successes and failures in making social rights a reality on the ground. This variance is strikingly similar to that found in previous studies on civil rights, and the key explanatory factors lie in the political calculus of defendants and the remedial framework. The book also discusses which strategies have enhanced implementation, and focuses on judicial reflexivity, alliance building and social mobilisation.
(source: Nielsen Book Data)9781107160217 20170502
Book
xiv, 472 pages : ill. ; 24 cm
  • Introduction: Civil society and socio-economic rights / Malcolm Langford
  • Constitutional jurisprudence : the first and second waves / Stuart Wilson and Jackie Dugard
  • Socio-economic rights beyond the public-private law divide / Sandra Liebenberg
  • Post-apartheid social movements and legal mobilisation / Tshepo Madlingozi
  • Political power : social pacts, human rights, and the development agenda / Adam Habib
  • Rural land tenure : the potential and limits of rights-based approaches / Ben Cousins and Ruth Hall
  • Housing rights litigation : Grootboom and beyond / Malcolm Langford
  • Health rights : politics, places, and the need for "sites for rights" / Peris Jones and Nyasha Chingore
  • Social security rights : campaigns and courts / Beth Goldblatt and Solange Rosa
  • Urban basic services : rights, reality, and resistance / Jackie Dugard
  • Realising environmental rights : civic action, leverage, and litigation / Rachel Wynberg and David Fig
  • Access to information and socio-economic rights : a theory of change in practice / Kristina Bentley and Richard Calland
  • Gender and socio-economic rights : the case of gender-based violence and health / Liesl Gerntholtz and Jennifer MacLeod
  • Migrants and mobilisation around socio-economic rights / Tara Polzer Ngwato and Zaheera Jinnah
  • Concluding perspectives / Malcolm Langford, Jackie Dugard, Tshepo Madlingozi, and Ben Cousins.
The embrace of socio-economic rights in South Africa has featured prominently in scholarship on constitution making, legal jurisprudence and social mobilisation. But the development has attracted critics who claim that this turn to rights has not generated social transformation in practice. This book sets out to assess one part of the puzzle and asks what has been the role and impact of socio-economic strategies used by civil society actors. Focusing on a range of socio-economic rights and national trends in law and political economy, the book's authors show how socio-economic rights have influenced the development of civil society discourse and action. The evidence suggests that some strategies have achieved material and political impact but this is conditional on the nature of the claim, degree of mobilisation and alliance building, and underlying constraints.
(source: Nielsen Book Data)9781107021143 20160612
Law Library (Crown)
Book
xiv, 472 pages ; 24 cm
  • Introduction: Civil society and socio-economic rights / Malcolm Langford
  • Constitutional jurisprudence : the first and second waves / Stuart Wilson and Jackie Dugard
  • Socio-economic rights beyond the public-private law divide / Sandra Liebenberg
  • Post-apartheid social movements and legal mobilisation / Tshepo Madlingozi
  • Political power : social pacts, human rights, and the development agenda / Adam Habib
  • Rural land tenure : the potential and limits of rights-based approaches / Ben Cousins and Ruth Hall
  • Housing rights litigation : Grootboom and beyond / Malcolm Langford
  • Health rights : politics, places, and the need for "sites for rights" / Peris Jones and Nyasha Chingore
  • Social security rights : campaigns and courts / Beth Goldblatt and Solange Rosa
  • Urban basic services : rights, reality, and resistance / Jackie Dugard
  • Realising environmental rights : civic action, leverage, and litigation / Rachel Wynberg and David Fig
  • Access to information and socio-economic rights : a theory of change in practice / Kristina Bentley and Richard Calland
  • Gender and socio-economic rights : the case of gender-based violence and health / Liesl Gerntholtz and Jennifer MacLeod
  • Migrants and mobilisation around socio-economic rights / Tara Polzer Ngwato and Zaheera Jinnah
  • Concluding perspectives / Malcolm Langford, Jackie Dugard, Tshepo Madlingozi, and Ben Cousins.
The embrace of socio-economic rights in South Africa has featured prominently in scholarship on constitution making, legal jurisprudence and social mobilisation. But the development has attracted critics who claim that this turn to rights has not generated social transformation in practice. This book sets out to assess one part of the puzzle and asks what has been the role and impact of socio-economic strategies used by civil society actors. Focusing on a range of socio-economic rights and national trends in law and political economy, the book's authors show how socio-economic rights have influenced the development of civil society discourse and action. The evidence suggests that some strategies have achieved material and political impact but this is conditional on the nature of the claim, degree of mobilisation and alliance building, and underlying constraints.
(source: Nielsen Book Data)9781107021143 20160612
Green Library
Book
1 online resource : digital, PDF file(s).
  • 1. Introduction: civil society and rights Malcolm Langford-- Part I. Context and Contestation: 2. Constitutional jurisprudence: the first and second waves Stuart Wilson and Jackie Dugard-- 3. Socio-economic rights beyond the public/private law divide Sandra Liebenberg-- 4. Post-apartheid social movements and legal mobilisation Tshepo Madlingozi-- 5. Political power: social pacting, human rights and the development agenda Adam Habib-- Part II. Thematic Areas: 6. Rural land tenure: the potential and limits of rights-based approaches Ben Cousins and Ruth Hall-- 7. Housing rights litigation: Grootboom and beyond Malcolm Langford-- 8. Health rights: politics, places and the need for 'sites for rights' Peris Jones and Nyasha Chingore-- 9. Social security rights: campaigns and courts Beth Goldblatt and Solange Rosa-- 10. Urban basic services: rights, reality and resistance Jackie Dugard-- 11. Realising environmental rights: civic action, leverage, and litigation Rachel Wynberg and David Fig-- 12. Access to information and socio-economic rights: a theory of change in practice Kristina Bentley and Richard Calland-- 13. Gender and socio-economic rights: the case of gender-based violence and health Liesl Gerntholtz and Jennifer MacLeod-- 14. Migrants and mobilisation around socio-economic rights Tara Polzer Ngwato and Zaheera Jinnah-- 15. Concluding perspectives Malcolm Langford, Jackie Dugard, Tshepo Madlingozi and Ben Cousins.
  • (source: Nielsen Book Data)9781139108591 20160612
The embrace of socio-economic rights in South Africa has featured prominently in scholarship on constitution making, legal jurisprudence and social mobilisation. But the development has attracted critics who claim that this turn to rights has not generated social transformation in practice. This book sets out to assess one part of the puzzle and asks what has been the role and impact of socio-economic strategies used by civil society actors. Focusing on a range of socio-economic rights and national trends in law and political economy, the book's authors show how socio-economic rights have influenced the development of civil society discourse and action. The evidence suggests that some strategies have achieved material and political impact but this is conditional on the nature of the claim, degree of mobilisation and alliance building, and underlying constraints.
(source: Nielsen Book Data)9781139108591 20160612
Book
1 online resource (496 p.) : digital, PDF file(s).
  • 1. Introduction: an emerging field Malcolm Langford, Wouter Vandenhole, Martin Scheinin and Willem van Genugten-- 2. On terminology: extraterritorial obligations Mark Gibney-- Part I. Legal Status: 3. Extraterritorial duties in international law Malcolm Langford, Fons Coomans and Felipe Gomez Isa-- 4. International financial institutions, transnational corporations and duties of states Smita Narula-- Part II. Jurisdiction: 5. Extraterritorial human rights and the concept of 'jurisdiction' Maarten den Heijer and Rick Lawson-- 6. Jurisdiction: towards a reasonableness test Cedric Ryngaert-- 7. Just another word? Jurisdiction in the roadmaps of state responsibility and human rights Martin Scheinin-- Part III. Causation: 8. Causality and extraterritorial human rights obligations Sigrun I. Skogly-- 9. Deprivation, causation and the law of international cooperation Margot E. Salomon-- Part IV. Division of Responsibility: 10. Division of responsibility between states Ashfaq Khalfan-- 11. Extraterritorial human rights obligations and the north-south divide Wouter Vandenhole and Wolfgang Benedek-- Part V. Remedies and Accountability: 12. Remedies and reparation Dinah Shelton-- 13. Accountability mechanisms Ashfaq Khalfan-- 14. Moral theory, international law and global justice Malcolm Langford and Mac Darrow.
  • (source: Nielsen Book Data)9781139002974 20160612
The rise of globalization and the persistence of global poverty are straining the territorial paradigm of human rights. This book asks if states possess extraterritorial obligations under existing international human rights law to respect and ensure economic, social and cultural rights and how far those duties extend. Taking a departure point in theory and practice, the book is the first of its kind to analyze the principal cross-cutting legal issues at stake: the legal status of obligations, jurisdiction, causation, division of responsibility, and remedies and accountability. The book focuses specifically on the role of states but also addresses their duties to regulate powerful nonstate actors. The authors demonstrate that many key issues have been resolved or clarified in international law while others remain controversial or await the development of further practice, particularly the scope of jurisdiction and the quantitative dimension of extraterritorial obligations to fulfil.
(source: Nielsen Book Data)9781139002974 20160612
Book
xviii, 477 pages ; 24 cm
  • Introduction: An emerging field / Malcolm Langford, Wouter Wandenhole, Martin Scheinin and Willem van Genugten
  • On terminology : extraterritorial obligations / Mark Gibney
  • Extraterritorial duties in international law / Malcolm Langford, Fons Coomans and Felipe Gómez Isa
  • International financial institutions, transnational corporations and duties of states / Smita Narula
  • Extraterritorial human rights and the concept of "jurisdiction" / Maarten den Heijer and Rick Lawson
  • Jurisdiction : towards a reasonableness test / Cedric Ryngaert
  • Just another word? : jurisdiction in the roadmaps of state responsibility and human rights / Martin Scheinin
  • Causality and extraterritorial human rights obligations / Sigrun I. Skogly
  • Deprivation, causation and the law international cooperation / Marot E. Salomon
  • Division of responsibility amongst states / Ashfaq Khalfan
  • Extraterritorial human rights obligations and the north-south divide / Wouter Vandenhole and Wolfgang Benedek
  • Remedies and reparation / Dinah Shelton
  • Accountability mechanisms / Ashfaq Khalfan
  • Moral theory, international law and global justice / Malcolm Langford and Mac Darrow.
The rise of globalization and the persistence of global poverty are straining the territorial paradigm of human rights. This book asks if states possess extraterritorial obligations under existing international human rights law to respect and ensure economic, social and cultural rights and how far those duties extend. Taking a departure point in theory and practice, the book is the first of its kind to analyze the principal cross-cutting legal issues at stake: the legal status of obligations, jurisdiction, causation, division of responsibility, and remedies and accountability. The book focuses specifically on the role of states but also addresses their duties to regulate powerful nonstate actors. The authors demonstrate that many key issues have been resolved or clarified in international law while others remain controversial or await the development of further practice, particularly the scope of jurisdiction and the quantitative dimension of extraterritorial obligations to fulfil.
(source: Nielsen Book Data)9781107012776 20160612
Law Library (Crown)

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