Transnationalisation of Social Rights

Migration crisis, food crisis, economic crisis – the most alarming tendencies in our contemporary world are related to the transnational social question. But what role does transnational law play in this context: Does it exacerbate the asymmetries by shielding the rich and exploiting the poor? Or is the emerging regime of international social human rights a promising candidate for countering the crisis of world society?
Editor(s):
Andreas Fischer-Lescano, Kolja Möller
book | published | 1st edition
June 2016 | xx + 310 pp.

Paperback
€75.-


ISBN 9781780683966

Details

Migration crisis, food crisis, economic crisis – the most alarming tendencies in our contemporary world are related to the transnational social question. But what role does transnational law play in this context: Does it exacerbate the asymmetries by shielding the rich and exploiting the poor? Or is the emerging regime of international social human rights a promising candidate for countering the crisis of world society?

This book scrutinises both the potentials and the boundaries of de-coupling the notion of “social rights” from the nation-state and of transferring it to the transnational sphere. By drawing on a critical theory of transnational law, it provides in-depth analyses of the different sites where the struggle for social rights is at stake, such as the emerging transnational food regime, the ILO, international environmental law and the accountability of private actors. It reveals enforcement structures, discusses judicial doctrine and relates these aspects to the social and political struggles which surround the transnationalisation of social rights.

‘[...] this book can be strongly recommended to all lawyers - no matter whether they are specialists in private or public law - who are interested in exploring the interplay between globalisation and the law. The book reminds us that legal scholars should scrutinise not only the outcome, but also the process itself of transnational law making. In order to strike a fair balance between economic freedom and social rights in the emerging transnational legal order, it is crucial to keep an eye on who is involved, and whose interests are served in the law-making process.’
Priv.-Doz. Dr. Matteo Fornasier in European Journal of Social Security (2017) vol.19 (3), 280

Chapters

Inhoudstafel (p. 0)

Chapter 1. Introduction (p. 1)

Part I. Transnational Social Rights in Context

Chapter 2. The Struggle for Transnational Social Rights (p. 11)

Chapter 3. Normative Perspectives on Transnational Social Rights (p. 49)

Chapter 4. Conceptualising Transnational Social Rights: Developments and Forms (p. 67)

Part II: Foundations, Institutions and Enforcement Structures

Chapter 5. Enforcement of Transnational Social Rights: International and National Legal Aspects (p. 87)

Chapter 6. Horizontal Effects of Human Rights: The EU proposal for a Non-Financial Reporting Framework (p. 109)

Chapter 7. Labour Rights and the ILO: The Challenge of Transforming Informal Economic Activities to Promote Transnational Social Rights - Domestic and Care Work as Core Issues (p. 143)

Part III: Enforcement of Transnational Social Rights

Chapter 8. Transnational Socio-Economic Rights: Inter-Linkages in the Context to the Right of Food (p. 177)

Chapter 9. Agroenergy and the Right to Food: The EU Biofuel Mandate and Transnational Social Rights (p. 209)

Chapter 10. Between Rights and Power Assymetries: Contemporary Struggles for Land in Brazil and Colombia (p. 239)

Chapter 11. The Zapatista Struggle for the Right to Land: Background, Context and Strategies (p. 265)

Index (p. 305)