Author Description

Human Rights Have Traditionally Been Framed In A Vertical Perspective With The Duties Of States Confined To Their Own Citizens Or Residents. Obligations Beyond This Territorial Space Have Been Viewed As Either Being Absent Or Minimalistic At Best. However, The Territorial Paradigm Has Now Been Seriously Challenged In Recent Years In Part Because Of The Increasing Awareness Of The Ability Of States And Other Actors To Impact Human Rights Far From Home Both Positively And Negatively. In Response To This Awareness Various Legal Principles Have Come Into Existence Setting Out Some Transnational Human Rights Obligations Of Varying Degrees. However, Notwithstanding These Initiatives, Judicial Institutions And Adjudicating Bodies Continue To Show An Enormous Hesitancy In Moving Beyond A Territorial Reading Of International Human Rights Law. This Book Addresses The Issue In An Innovative And Challenging Way By Crafting Legally Sound Hypothetical 'judgments' From A Number Of Adjudicatory Fora. The Judgments Are Based On Real World Situations Where Extraterritorial Or Transnational Issues Have Emerged, And Draw On Existing International Human Rights Law, Albeit A Progressive Interpretation Of This Law. The Book Shows That There Are A Number Of Judicial And Quasi-judicial Systems Where Transnational Human Rights Claims Can, And Should Be Enforced. These Include: The World Trade Organization; The International Court Of Justice; The Regional Human Rights Monitoring Bodies; Domestic Courts; And The Un Treaty Bodies. Each Hypothetical Judgment Is Accompanied By Detailed Commentary Placing It In Context In Order To Show How International Human Rights Law Can Address Issues Of A Transnational Character--page I. Introduction: Transnational Human Rights Obligations / Mark Gibney And Wouter Vandenhole -- U.s. Trade Sanctions (world Trade Organization, Panel Report) / Claire Buggenhoudt -- Biofuel And The Right To Food (world Trade Organization, Panel Report) / Alexia Herwig -- Land Grabbing And Gender Issues (international Finance Corporation, Compliance Advisor Ombudsman) / Joss Saunders -- Putting An End To Victims Without Borders: Child Pornography (committee On The Rights Of The Child) / Gamze Erdem Türkelli -- Shared Responsibility For The Right To Health (committee On Economic, Social And Cultural Rights) / Rachel Hammonds And Gorik Ooms -- Economic, Social, And Cultural Rights Of Purak Peoples (committee On Economic, Social, And Cultural Rights) / Jernej Letnar Černič -- Only The Little People Pay Taxes: Tax Evasion And Switzerland's Extraterritorial Obligations To Zambia (committee On Economic, Social, And Cultural Rights) / Nicholas Lusiani -- Labour Rights In A Transnational Perspective (committee On Economic, Social And Cultural Rights) / Arne Vandenbogaerde -- Climate Change (human Rights Committee, Ad Hoc Conciliation Commission) / Margreet Wewerinke -- Development Assistance To Education For Children With Disabilities (committee On The Rights Of Persons With Disabilities / Wouter Vandenhole -- Land Grabbing In Uganda By A Multinational Coporation (world Court Of Justice) / Christopher Mbazira -- Structural Adjustment And Farmers' Suicides In India (international Court Of Justice) / Anita Punj -- (economic) Crimes Against Humanity (international Criminal Court, Appeals Chamber) / Michael Wabwile -- Public Duties For Private Wrongs: Regulation Of Multinationals (african Commission On Human And Peoples' Rights) / Takele Soboka Bulto -- Forced Evictions In Zimbabwe (african Commission On Human And Peoples' Rights) / Khulekani Moyo -- Land Grabbing In South America (inter-american Human Rights Commission) / Ana María Suárez-franco -- Enforcing Extraterritorial Social Rights In The Eurozone Crisis (european Committee Of Social Rights) / Matthias Sant'ana --military Interventions In Non-european States (european Court Of Human Rights) / Nico Moons -- Extraordinary Rendition (u.s. Supreme Court) / Mark Gibney. Edited By Mark Gibney And Wouter Vandenhole. Includes Bibliographical References And Index.