Challenging Territoriality in Human Rights Law Building Blocks for a Plural and Diverse Duty Bearer Regime 1st edition by Wouter Vandenhole 1317628958 9781317628958

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ISBN-10 :  1317628958 

ISBN-13 :  9781317628958

Author:  Wouter Vandenhole 

Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Interpretations of international human rights treaties tend either to ignore or downplay obligations beyond this ‘territorial space’. This edited volume challenges the territorial bias of mainstream human rights law. It argues that with increased globalisation and the impact of international corporations, organisations and non-State actors, human rights law will become less relevant if it fails to adapt to changing realities in which States are no longer the only leading actor. Bringing together leading scholars in the field, the book explores potential applications of international human rights law in a multi-duty bearer setting. The first part of the book examines the current state of the human rights obligations of foreign States, corporations and international financial institutions, looking in particular at the ways in which they address questions of attribution and distribution of obligations and responsibility. The second part is geared towards the identification of common principles that may underpin a human rights legal regime that incorporates obligations of foreign States as well as of non-State actors. As a marker of important progress in understanding what lies ahead for integrating foreign States and non-State actors in the human rights dutybearer regime, this book will be of great interest to scholars and practitioners of international human rights law, public international law and international relations.

 

Challenging Territoriality in Human Rights Law Building Blocks for a Plural and Diverse Duty Bearer Regime 1st Table of contents:

1Emerging frameworks for human rights obligations of new duty-bearers
The Maastricht Principles
Can the Maastricht Principles be applied to all human rights, including civil and political rights?
The Maastricht Principles and the responsibilities of private actors
The Maastricht Principles and international organizations
Obligations of States
Obligations of international organizations
The accountability challenge in situations of multiple duty-bearers
Conclusion
Introduction
The IFIs positioning themselves in the human rights field
The official World Bank Group position
The official IMF position
Applicable human rights obligations
Introduction
Deepening the links between the IFI mandates and international human rights law
Incorporating the IFIs in the domain of international human rights law
The ‘political prohibition’
Human rights obligations of States, acting in the context of IFIs
Obligations following from (legal) relationships between the IFIs and private subcontractors
Attributing unlawful conduct to IFIs and their member States
Attribution of unlawful conduct and establishing responsibility
‘In control’
Primary, subsidiary and shared responsibility
Concluding remarks
Introduction
Background of human rights and business
Pluralist approach to corporate human rights obligations
Towards corporate human rights obligations at the international level
Corporate human rights obligations in national legal orders as a evidence of international legal obligations
Division and concurrence of responsibility between corporations, states and individuals
Towards a pluralist understanding of corporate human rights responsibilities
Establishing responsibility
Assigning responsibility
Resisting responsibility
European Court of Human Rights
The primacy of sovereign immunity
Multinational corporations rule
Responsibility lost
Future directions
2Towards foundational principles for a globalised duty-bearer human rights regime
Introduction
Obligations
Issues at stake
Mapping: existing and emerging principles
Assigning obligations
Scope of obligations
Distributive allocation of obligations
Conclusions on obligations
Responsibility
Conclusion
Outline
The standard picture
Site versus scope
Reconstruction
The proto-legal relation
Enforceability and enforcement
The role of enforcement
Towards shared responsibility in international responsibility law
Introduction
The global common interest in international law
Responsible sovereignty and the incapacity/implementation aid nexus
Third States: assistance and review
Multiple actors
Legitimate law-making
Conclusion
Introduction: the primacy of the market
Market ubiquity and why we should care
Market primacy and law
Market primacy and the UK National Action Plan to implement the UN Guiding Principles on Business and Human Rights: a case study
Conclusion: of alternatives and warnings

 

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Tags: Challenging, Territoriality, Human Rights, Building Blocks, Diverse Duty, Wouter Vandenhole