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.
1. Introduction: An Emerging Multi-Duty Bearer Human Rights Regime?, Wouter Vandenhole and Willem van Genugten Part 1- Emerging Frameworks for Human Rights Obligations of New Duty-bearers 2. Extraterritorial Human Rights Obligations: Wider Implications of the Maastricht Principles and the Continuing Accountability Challenge, Ashfaq Khalfan & Ian Seiderman 3. The World Bank Group, the IMF and Human Rights: about Direct Obligations and the Attribution of Unlawful Conduct, Willem Van Genugten 4. Corporate Responsibility for Human Rights: Towards a Pluralist Approach, Jernej Letnar Černič 5. Litigating Transnational Human Rights Obligations, Mark Gibney Part 2 – Towards Foundational Principles for a Globalized Duty-bearer Human Rights Regime 6. Obligations and Responsibility in a Plural and Diverse Duty-bearer Human Rights Regime, Wouter Vandenhole 7. Transnational Legal Responsibility: Some Preliminaries, George Pavlakos 8. The Common Interest in International Law: Implications for Human Rights, Koen De Feyter 9. You Say you Want a Revolution: Challenges of Market Primacy for the Human Rights Project, Margot E. Salomon
This series contains thought-provoking and original scholarship on human rights law. The books address civil and political rights as well as social, cultural and economic rights, and explore international, regional and domestic legal orders. The legal status, content, obligations and application of specific rights will be analysed as well as treaties, mechanisms and institutions designed to promote and protect rights.