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Distributive Justice

Allen Buchanan

in Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law

Published in print:
2003
Published Online:
April 2004
ISBN:
9780198295358
eISBN:
9780191600982
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198295359.003.0004
Subject:
Political Science, Political Theory

This chapter grapples with the most controversial topic in the discourse of human rights: distributive justice. The chief questions to be addressed are (1) whether a justice‐based international legal ... More


Neo‐liberal Rights: A Wider Perspective

Raymond Plant

in The Neo-liberal State

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199281756
eISBN:
9780191713040
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199281756.003.0013
Subject:
Political Science, Comparative Politics, Political Theory

This chapter focuses on the critique of rights when they extend beyond protecting negative liberty as set out in Chapter 5. First of all, if the idea of negative liberty is defective, then so too is ... More


Is There a Human Right to Development?

RUMU SARKAR

in International Development Law: Rule of Law, Human Rights, and Global Finance

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195398281
eISBN:
9780199866366
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195398281.003.004
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines whether there is a human right to development. It is the most legally focused of all the chapters and essentially tracks the historical antecedents of the “right to ... More


Access to Medicine as a Human Right

Holger Hestermeyer

in Human Rights and the WTO: The Case of Patents and Access to Medicines

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552177
eISBN:
9780191706936
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552177.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter begins with a background note on international human rights law and the right to health — the most commonly mentioned basis for a right to access to medicine — as well as human rights ... More


The Ultimate Rule of Law

David M. Beatty

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199269808
eISBN:
9780191710063
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199269808.001.0001
Subject:
Law, Philosophy of Law

This book addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, ... More


Sources and Content of an International Responsibility to Cooperate for Human Rights

Margot E Salomon

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

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199284429
eISBN:
9780191713736
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199284429.003.003
Subject:
Law, Human Rights and Immigration

This chapter addresses the sources of cooperation for economic, social and cultural rights in international law, and explores the contemporary content of this obligation. Drawing on a broad range of ... More


The Social Contract of the Modern Welfare State

Amir Paz-Fuchs

in Welfare to Work: Conditional Rights in Social Policy

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199237418
eISBN:
9780191717192
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199237418.003.0002
Subject:
Law, Employment Law

This chapter focuses on the intersection between the two fundamental pillars under investigation: the social contract and the welfare state. The social contract provides the normative platform for ... More


The United Kingdom and the International Covenant on Economic, Social and Cultural Rights

Ed Bates

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0011
Subject:
Law, Human Rights and Immigration

This chapter explores how the International Covenant on Economic, Social and Cultural Rights (ICESCR) has been of relevance for the British government in recent years and the British government's ... More


The International Covenant on Economic, Social and Cultural Rights: Forty Years of Development

Mashood A. Baderin and Robert McCorquodale

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0001
Subject:
Law, Human Rights and Immigration

This chapter begins with the history of the drafting of the International Covenant on Economic, Social and Cultural Rights (ICESCR), it sets out some of the core conceptual debates about economic, ... More


Socio‐economic Rights and Essential Services: A New Challenge for the Regulatory State

Cosmo Graham

in The Regulatory State: Constitutional Implications

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199593170
eISBN:
9780191595660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199593170.003.0008
Subject:
Law, Constitutional and Administrative Law

Written constitutions generally provide a list of individual rights for citizens of the state. Historically, these have concentrated on civil and political rights, such as freedom of expression, ... More


Democracy and the Promotion and Protection of Socio-Economic Rights

Richard Burchill

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0014
Subject:
Law, Human Rights and Immigration

This chapter examines the relationship between democracy and economic, social, and cultural rights. It discusses the problems that have arisen in the international legal discourse due to the ... More


Economic, Social, and Cultural Rights in Action

Mashood Baderin and Robert McCorquodale (eds)

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.001.0001
Subject:
Law, Human Rights and Immigration

On 16 December 1966 the United Nations adopted the International Covenant on Economic, Social and Cultural Rights. This was the first global treaty that established legal obligations on states to ... More


Marriage, Law, and Society: A Tangled Web

Joanna L. Grossman and Lawrence M. Friedman

in Inside the Castle: Law and the Family in 20th Century America

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691149820
eISBN:
9781400839773
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691149820.003.0003
Subject:
Law, Family Law

This chapter explores marriage in the social and legal context. It looks at who marries, and what marriage seems to mean to them. Marriage is a crucial social institution, and many people bemoan the ... More


Judicial Review in Practice: The Reasonableness Approach and its Shortcomings

David Bilchitz

in Poverty and Fundamental Rights: The Justification and Enforcement of Socio-economic Rights

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552160
eISBN:
9780191709456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552160.003.0006
Subject:
Law, Human Rights and Immigration

This chapter focuses on the approach of the South African Constitutional Court towards enforcing socio-economic rights. South Africa has directly justiciable, express socio-economic rights in its ... More


Human Rights Transformed: Positive Rights and Positive Duties

Sandra Fredman FBA

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199272761
eISBN:
9780191709814
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199272761.001.0001
Subject:
Law, Human Rights and Immigration

This book moves beyond the artificial boundary between socio-economic and civil and political rights and instead focuses on the positive duties to which all rights give rise. Human rights have ... More


Human Rights and Human Development †

Sakiko Fukuda‐Parr

in Arguments for a Better World: Essays in Honor of Amartya Sen, Volume 2: Society, Institutions, and Development

Published in print:
2008
Published Online:
May 2009
ISBN:
9780199239979
eISBN:
9780191716874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239979.003.0006
Subject:
Economics and Finance, Development, Growth, and Environmental

This chapter uses Sen's capability approach to explore whether there are inherent contradictions between human rights and development. The ‘human rights based approach’ has gained momentum yet many ... More


Balancing of Human Rights and Investment Law in the Inter-American System of Human Rights

Pedro Nikken

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0012
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter recalls that the inter-American system of human rights protects property as an individual right. However, the system is not the forum to protect business activity against arbitrary acts ... More


Human Rights-Based Approaches to Development: Towards Accountability

Patrick Twomey

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0003
Subject:
Law, Human Rights and Immigration

This chapter outlines the core concepts of human rights-based approaches (HRBAs) and explores the evolution of human rights-based approaches to development including the United Nations (UN) ... More


Economic and Social Interests and the European Convention on Human Rights

Colin Warbrick

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0010
Subject:
Law, Human Rights and Immigration

This chapter argues that, with the exception of the right to education, the European Convention on Human Rights (ECHR) does not protect economic and social rights. The chapter does not dispute that ... More


A Human Rights-Based Approach to Health Indicators

Paul Hunt and Gillian MacNaughton

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0012
Subject:
Law, Human Rights and Immigration

In 1993, the World Conference on Human Rights urged the examination of ‘a system of indicators to measure progress in the realization [of ESC rights]’ because the use of specific human rights ... More


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