Is There a Legal Duty to Address World Poverty?

Is There a Legal Duty to Address World Poverty?
Title Is There a Legal Duty to Address World Poverty? PDF eBook
Author Margot E. Salomon
Publisher
Pages 0
Release 2012
Genre Civil rights
ISBN

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States are reticent to support the idea that they have human rights obligations to people other than their own. However decades of United Nations consideration and human rights standard-setting in the area of international cooperation have advanced interpretations of the obligation whereby economic and other policies should be designed in such a way as to avoid causing injury to the interests of developing States and to the rights of their people, and, moreover, should actively seek to address existing deprivations. This latter obligation to fulfil socio-economic rights elsewhere gives rise to a host of important legal issues that provide the focus for this article. Should we understand the obligations to be those of individual States or can we speak of collective legal obligations in this area? Is the extraterritorial obligation to fulfil socio-economic rights limited to the transfer of financial resources, and if not what else might it entail? Are they best framed as secondary obligations triggered only if the rights-holder's own State is unable or unwilling to fulfil them or as simultaneous obligations? If, as per the International Covenant on Economic, Social and Cultural Rights and its monitoring Committee we recognise capacity as a basis to assist, how might the obligations among all those States with capacity be divided? In complying with these positive obligations of international assistance and cooperation what would constitute an unreasonable cost on the part of a State acting extraterritorially? In exploring these questions, this paper offers insights from the author's membership in the Drafting Committee of the 2011 Maastricht Principles on the Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights and presents the current state of legal play.

Global Responsibility for Human Rights

Global Responsibility for Human Rights
Title Global Responsibility for Human Rights PDF eBook
Author Margot E. Salomon
Publisher Oxford University Press, USA
Pages 296
Release 2007
Genre Law
ISBN

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This text considers the issues of world poverty and global justice, addressing the ability of people in poor or developing countries to have enough food, or clean water, or access to basic healthcare. It draws on international law aimed at the protection and promotion of human rights.

Poverty and the International Economic Legal System

Poverty and the International Economic Legal System
Title Poverty and the International Economic Legal System PDF eBook
Author Krista Nadakavukaren Schefer
Publisher Cambridge University Press
Pages 501
Release 2013-03-21
Genre Business & Economics
ISBN 1107032741

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Looking beyond development, this volume examines international trade, investment and finance law with a focus on poverty.

International Poverty Law

International Poverty Law
Title International Poverty Law PDF eBook
Author Lucy Williams
Publisher Zed Books Ltd.
Pages 335
Release 2013-07-04
Genre Social Science
ISBN 1848137109

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This book seeks to advance the emerging field of international poverty law. While law and development discourse has dealt with international poverty, advocates of poverty reduction customarily operate within a nation-state context. The contributors to this volume, while largely, although not exclusively, relying on human rights discourse and United Nations, International Labour Organization and World Trade Organization initiatives as their primary legal sources, begin to position international poverty law as a legitimate field for transnational, multidisciplinary legal research and dialogue. While critiquing both legal theory and current policy, they nevertheless open up a constructive prospect of specific arenas in which the development of international poverty law can contribute to addressing poverty reduction. The opening chapters of this volume provide a framework within which to position the future theoretical development of international poverty law. The rest of the book explores specific human rights initiatives that address particular aspects of poverty. These include an overview of human rights conventions and how they can be connected to international poverty law; measures required to counter the tendency of intellectual property law as applied to biological products and processes to undermine food security; the right to food as framed in United Nations development documents; the potential role that voluntary codes of conduct currently being adopted by some transnational corporations might play in poverty reduction; and the startlingly important development in the new South Africa of an alternative vision of constitutional law that takes account of international human rights instruments in moving towards rendering social and economic rights justifiable.

World Poverty and Human Rights

World Poverty and Human Rights
Title World Poverty and Human Rights PDF eBook
Author Thomas W. Pogge
Publisher John Wiley & Sons
Pages 254
Release 2023-02-10
Genre Political Science
ISBN 1509560645

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Some 2.5 billion human beings live in severe poverty, deprived of such essentials as adequate nutrition, safe drinking water, basic sanitation, adequate shelter, literacy, and basic health care. One third of all human deaths are from poverty-related causes: 18 million annually, including over 10 million children under five. However huge in human terms, the world poverty problem is tiny economically. Just 1 percent of the national incomes of the high-income countries would suffice to end severe poverty worldwide. Yet, these countries, unwilling to bear an opportunity cost of this magnitude, continue to impose a grievously unjust global institutional order that foreseeably and avoidably perpetuates the catastrophe. Most citizens of affluent countries believe that we are doing nothing wrong. Thomas Pogge seeks to explain how this belief is sustained. He analyses how our moral and economic theorizing and our global economic order have adapted to make us appear disconnected from massive poverty abroad. Dispelling the illusion, he also offers a modest, widely sharable standard of global economic justice and makes detailed, realistic proposals toward fulfilling it. Thoroughly updated, the second edition of this classic book incorporates responses to critics and a new chapter introducing Pogge's current work on pharmaceutical patent reform.

Freedom from poverty as a human right: law's duty to the poor

Freedom from poverty as a human right: law's duty to the poor
Title Freedom from poverty as a human right: law's duty to the poor PDF eBook
Author Bueren, Geraldine van
Publisher UNESCO
Pages 446
Release 2010-06-02
Genre Social Science
ISBN 9231041452

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Global Poverty and the Right to Development in International Law

Global Poverty and the Right to Development in International Law
Title Global Poverty and the Right to Development in International Law PDF eBook
Author Patrick Macklem
Publisher
Pages
Release 2017
Genre
ISBN

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This Article advances an account of the right to development as a legal instrument that holds the international legal order accountable for its role in the production and reproduction of global poverty. It first distinguishes moral conceptions of human rights, as instruments that protect universal features of humanity, from legal conceptions, which tie their existence to their specification in international instruments promulgated in compliance with international legal norms governing the creation of legal rights and obligations. Despite textual ambiguities in the various instruments in which it finds expression, the right to development vests in individuals and communities who have yet to benefit from development. It imposes internal obligations on states in which they live to address conditions that contribute to their plight. The right also imposes external obligations on international legal actors, including developed states and international organizations, to assist developing states in poverty reduction. The right's external obligations are negative and positive in nature. Its negative dimensions require states and international institutions to fashion rules and policies governing the global economy in ways that do not exacerbate global poverty. Its positive dimensions require states and international institutions to provide assistance to developing states in the form of development aid and debt relief. Both drawing on and departing from debates about global justice in contemporary political theory, it justifies these obligations by linking the purpose of the right to development to international law's engagement with colonialism and economic globalization.