Malcolm Langford

Daniel Behn

Ole Kristian Fauchald

A rigorous and empirically-based analysis of the legitimacy challenges facing investment arbitration and the potential for reforms to remedy critique.

Empirical Perspectives

The Legitimacy of Investment Arbitration

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.

Emerging Trends in International and Comparative Law

Social Rights Jurisprudence

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.

The Extraterritorial Scope of Economic, Social, and Cultural Rights in International Law

Global Justice, State Duties

Anna F. S. Russell

In a short space of time, the right to water has emerged from relative obscurity to claim a prominent place in human rights theory and practice. This book explores this rise descriptively and prescriptively. It analyses the recognition, use and partly impact, of the right to water in international and comparative law, civil society mobilisation and public policy. It also scrutinises the normative implications of the right to water with a focus on challenges and puzzles it creates for law and policymaking. These questions are explored globally and comparatively within different dynamics of the sector - water allocation, water access and urban and rural water reform - and in conjunction with the right to sanitation. This multi-disciplinary volume reveals the diverse ways in which the right to water has been adopted, but also its limitations when faced with the realities of political economy, political ecology and partly, traditional legal thought.

The Human Right to Water

Marit Skivenes

Karl Harald Søvig

Norway tops international indexes on children's rights but continues to attract criticism for its level of compliance with the Convention of the Rights of Child. This book address this implementation paradox.The authors ask: What is the current level of implementation? How can we explain any gap in perceived performance? Can we improve our measurement of children's rights? With the use of quantitative and qualitative methods, the volume examines a wide range of areas relevant to children's rights. These include child protection and sexual violence, detention and policing, poverty and custody proceedings, asylum and disability, sexual orientation and gender identity, and childcare and human rights education. In addition, the book offers a proposal for an alternative statistical approach to measuring Norway's performance. The book's editors conclude by pointing towards the complex set of factors that complicate full realisation and the need for the Government to engage in proper measurement of implementation

An Implementation Paradox?

Children's Rights in Norway

Julieta Rossi

César Rodríguez-Garavito

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.

Making it Stick

Social Rights Judgments and the Politics of Compliance

Rebecca Brown

Başak Çalı

Bruce Porter

Catarina de Albuquerque

Lilian Chenwi

Christian Courtis

Brian Griffey

Viviana Krsticevic

Cheryl Lorens

Michael Ashley Stein

Donna Sullivan

Natasha Telson

The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights: A Commentary

Theory, Practice and Prospects

Andy Sumner

Alicia Ely Yamin

This volume sets out to disentangle the debate about the Millennium Development goals in theory and practice.

Millennium Development Goals and Human Rights

This is the first book to map and explain compliance with judgments of social rights across multiple jurisdictions.

Making It Stick

Malcolm Langford

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