Towards Shared Accountability in International Human Rights Law

Non- State actors as well as foreign States, influence decision-making. This reality particularly affects the enjoyment and implementation of economic, social and cultural (ESC) rights.
Author(s):
Arne Vandenbogaerde
Series:
Law and Cosmopolitan Values
Volume:
7
book | published | 1st edition
May 2016 | xviii + 354 pp.

Hardback
€85.-


ISBN 9781780683867


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Details

Winner of the 2015 Max van der Stoel Human Rights Award

Non- State actors, principally corporations and international organizations, as well as foreign States, influence decision-making. This reality particularly affects the enjoyment and implementation of economic, social and cultural (ESC) rights. Alongside what has become a fast-moving reality, legal developments in the field of ESC rights are also happening at a fast pace. In the last decade we have not only witnessed the end of the ESC justiciability debate, including a growing recognition of these rights at the domestic level, but also the adoption of an international complaints procedure to deal with violations of ESC rights (OP-ICESCR). Yet, these legal developments fall short of providing accountability in a globalized world. There is a discrepancy between international human rights law – with its focus on the territorial State – and the current globalized context in which non-state actors and foreign States also affect the enjoyment of ESC rights. Scholars have argued for the expansion of the duty-bearer side of human rights law in order ‘to synch’ human rights law with reality. Most of the research in the last decade has focused on the recognition of the obligations of foreign States and NSAs, less so on subsequent rules for the attribution and distribution of obligations, responsibility, and remedies. What are the (legal) building blocks or foundations of a multi-duty-bearer accountability framework?

This book consists of three parts. In part I the book provides the reader with a solid understanding of the concept of accountability and the challenges it implies for the protection of human rights. Part II reviews the various accountability procedures in the international and regional human rights systems. It details the existence of any procedural and substantive provisions found in the procedures that present prospects or hurdles for the scrutiny of extraterritorial or transnational obligations. Part III turns to a normative, prescriptive outlook as it examines the procedural adaptations needed to facilitate the expansion of the duty-bearer side of human rights law.

Chapters

Contents (p. 0)

Introduction (p. 1)

PART I. UNDERSTANDING ACCOUNTABILITY

The Concept of Accountability (p. 18)

PART II. ACCOUNTABILITY IN INTERNATIONAL AND REGIONAL HUMAN RIGHTS LAW: PROCESSES, PRACTICE AND LIMITS

State Reporting Procedures at the International and Regional Level (p. 44)

Individual, Collective and Inter-State Complaint Procedures in the International and Regional Accountability Framework (p. 89)

Inquiry Procedures in the Internationl and Regional Accountability Framework (p. 141)

International Peer-Review Accountability Mechanisms (p. 147)

Special Procedures in the International and Regional Systems (p. 155)

PART III. CONTOURS OF A MULTI-DUTY BEARER FRAMEWORK

Admissibility Criteria in a Multi-Duty Bearer Framework (p. 177)

Attributing Obligations in a Multi-Duty Bearer Framework (p. 211)

Bibliography (p. 319)

About the series:

Law and Cosmopolitan Values

The Law & Cosmopolitan Values series contains monographs and collections of essays that address fundamental topics in law and globalisation, which range over doctrinal as well as normative questions of International and European law, human rights, justice and democracy. A main purpose of the series is to encourage scholarship that explores and transcends the categories and assumptions on which contemporary debates on globalization are conducted, and to stimulate reflection upon questions concerning the interplay between law, policy and principle.

Recognizing that there is non sharp distinction between theoretical and systematic work in the field from an analysis of law in context, the editors welcome studies from a wide variety of methodological traditions.
The contributions to the series which inevitably cross disciplinary lines appeal to students, researchers and professionals in public law, international law, human rights law, political science, legal, and political philosophy.

Editorial Board: Koen De Feyter, Alexia Herwig, George Pavlakos, Patricia Popelier and Wouter Vandenhole.
All members are part of the Centre for Law and Cosmopolitan Values at the University of Antwerp.

Advisory Board: Robert Alexy (Kiel), Samantha Besson (Fribourg, CH), Christian Joerges (Bremen), Panos Koutrakos (Bristol and Antwerp), Thalia. Kruger (Antwerp), Joost Pauwelyn (Geneva), Margot Salomon (LSE), Kok-Chor Tan (Pennsylvania), Herwig Verschueren (Antwerp) and Wim Voermans (Leiden).

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