Socio-Economic Rights in Emerging Free Markets
Comparative Insights from India and China
In the last decade or so, China and India have emerged on the global stage as two powerful free market economies. The tremendous economic growth in China and India has meant that they have been able to lift millions of people out of the poverty trap. This growth has not, however, been without problems. Apart from worrying levels of environmental pollution, a significant number of people are still struggling to live a decent life as they do not have adequate access to basic needs such as food, health services, education, water, and housing. The traditional old age support mechanism is collapsing amidst push for urbanisation and the practice of nuclear families, while the alternative social security system has not been put in place. Both China and India stress the importance of socio-economic rights, have ratified the International Covenant on Economic, Social and Cultural Rights and have in place a strong legal framework for the realisation of such rights. The constitutions of China and India accord significant importance to socio-economic rights and the both countries have numerous laws, regulations and policies that seek to implement various socio-economic rights.
This book investigates how the gradual adoption of free market ideology has impacted on the realisation of socio-economic rights in both India and China and how the constitutional and legal frameworks have made necessary adjustments. Chapters in this volume, which are written by academics of international standing, explore how these two countries have tried to overcome certain common governance challenges in realising socio-economic rights. The role played by courts in India and China in the protection and realisation of socio-economic rights is considered along with the use and limitations of public interest litigation in achieving these rights. Finally, the effectiveness of measures in realising socio-economic rights are evaluated in relation to specific rights such as the rights to food, health, education, social security, and gender equality.
Table of Contents
Chapter 1. Socio-Economic Rights in India and China: Time for Academic Engagement between the Two Asian Giants (Surya Deva) Part I: Governance Challenges Chapter 2 Socio-Economic Rights in the Contemporary World Market: China, India, and the ‘Gang of Four’ (Paul Cammack) Chapter 3. Realising Socio-Economic Rights under Emerging Global Regulatory Frameworks: The Potential Impact of Privatisation and the Role of Companies in China and India (Larry Catá Backer) Chapter 4. The Right to Environment in Emerging Economies: An India-China Comparison (Domenico Amirante) Part II: Role of Courts and Public Interest Litigation Chapter 5 Enforcing Social Rights through Public Interest Litigation: An Overview of Indian Experience (Parmanand Singh) Chapter 6. A Tale of Two Judiciaries: Judicial Enforcement of Economic and Social Rights in China and India (Randall Peerenboom) Chapter 7. The Paradox of Justiciability: Labour Rights Litigation and the Realisation of Socio-Economic Rights in China and India (Leïla Choukroune) Chapter 8. Protection of Labour Rights through Judicial Legislation in China: An Analysis of its Constitutionality and Possible Solution (Lin Feng and Wang Shucheng) Chapter 9. Social Justice and Social Rights in Hong Kong: Recent Judicial Review Developments and Proposal for Legislative Change (Karen Kong) Part III: Selected Indo-Chinese Perspectives on Socio-Economic Rights Chapter 10. The Vindicated Market and Vulnerable Health Care: Human Rights Perspective from India (Uday Shankar) Chapter 11. Bilateral Investment Treaties and Public Health: Comparative Insights from China and India (Prabhash Ranjan) Chapter 12. Right to Food and Safety of Food: Reviewing the Approaches Adopted by China and India (Mo Jihong and Kavitha Ramanathan) Chapter 13. Right to Education in India and China (Mahendra P Singh and Liu Jianlong) Chapter 14. Right to Social Security: Assessing Chinese Practice against International Standards (Zhu Guobin) Chapter 15 ‘No Child Policy’ vs. ‘One-Child Policy’ in Emerging Free Markets: Has It Mattered for Women in India and China? (Surya Deva)
Surya Deva is Associate Professor at the School of Law, City University of Hong Kong.