Economic and social rights, and the maintenance of international peace and security / Claire Breen.
2017
K3240 .B73 2017 (Map It)
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Details
Author
Title
Economic and social rights, and the maintenance of international peace and security / Claire Breen.
Published
Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2017.
Call Number
K3240 .B73 2017
ISBN
9781472465788 (hardback)
1472465784 (hardback)
9781317146292 (adobe reader)
9781317146285 (epub)
9781317146278 (mobipocket)
1317146298
9781317146292
131714628X
1317146271
1472465784 (hardback)
9781317146292 (adobe reader)
9781317146285 (epub)
9781317146278 (mobipocket)
1317146298
9781317146292
131714628X
1317146271
Description
xi, 211 pages ; 24 cm
System Control No.
(OCoLC)962750165
Summary
"This text comprises ... research on one of the greatest global challenges: the failure to address systematic economic and social exclusion, and attendant violations of economic and social rights (ESR), as a driver of conflict. The text explores what the UN's obligation to maintain international peace and security can mean when it is informed by the requirement to protect and promote ESR, rights that play a crucial role in maintaining international peace and security but which are often overlooked. The book considers the extent to which Security Council mandated peace operations have been informed by human rights and efforts to promote economic and social development. The approach is to analyse the extent to which the Security Council has interacted with the General Assembly, the Economic and Social Council as well as other Charter-based mechanisms such as the Human Rights Council, and its predecessor, with particular reference to the role of the Special Procedure Mechanisms. The role of the UN High Commissioner for Human Rights is also considered. In this way, the text shows that the connection between peace and security and human rights is well recognised by these organs. In addition, the text considers states' ESR obligations stemming from the extraterritorial application of such rights in the context of peace operations. Given that states' obligations stemming from ESR have often been neglected, the book examines how such provision could be improved using ESR-grounded plans reflecting the rights to health, food, water, education, work and life. The text concludes with a call to reimagine what international peace and security can look like when it is informed by the need to recognise the emergence of post-conflict legal obligations based on broader concepts of international peace and security that draw from ESR."-- Back cover.
Bibliography, etc. Note
Includes bibliographical references (pages 171-206) and index.
Record Appears in
Table of Contents
Preface
x
Acknowledgements
xii
Introduction
1
1.
significance of economic and social rights to peace and security
11
1.
Introduction
11
2.
relationship between economic and social conditions and a stable domestic and international order
12
3.
Economic and social progress: Introducing a role for human rights
21
4.
Economic and social rights in international law
23
4.1.
content of economic and social rights: Some recurring themes
26
4.2.
Frameworks for effective realisation
30
4.3.
nature of States' obligations
30
4.3.1.
Challenges to the existence of States' obligations: Questions of enforceability and cost
30
4.3.2.
Affirming and explaining the nature of States' obligations: The obligations to respect, protect and fulfil
34
5.
rights to equality and non-discrimination: Fundamental principles for economic and social rights
36
6.
Monitoring economic and social rights: The nature and role of indicators
40
7.
Conclusion
46
2.
Peace and security, socio-economic progress, and human rights: The inseparable roles of the Security Council, the General Assembly and the ECOSOC
48
1.
Introduction
48
2.
Security Council relations with the General Assembly and the ECOSOC
49
2.1.
General Assembly
49
2.2.
ECOSOC
52
2.3.
Staking out the relationship between the Security Council, the General Assembly and the ECOSOC
58
3.
Human rights mechanisms: Cementing the nexus between the Security Council, the General Assembly and the ECOSOC
60
3.1.
Human Rights Council's Special Procedures Mechanism at the Security Council
62
3.2.
United Nations High Commissioner for Human Rights
67
4.
Peacebuilding Commission: Supporting the nexus between the Security Council, the General Assembly and the ECOSOC
72
5.
Conclusion
75
3.
Peacebuilding and peace operations: The nexus of peace, economic and social progress and human rights
77
1.
Introduction
77
2.
Peacebuilding within the Security Council: The economic and social dimensions of international peace and security
78
3.
Peacekeeping operations as a peacebuilding tool
81
4.
role of human rights in peacekeeping and peacebuilding
91
5.
Peacebuilding critiqued: The marginalisation of socio-economic conditions as an aspect of peacebuilding
99
6.
Conclusion
102
4.
Economic and social rights in peacebuilding and peacekeeping: A measurable legal basis for the economic and social dimensions of peace
104
1.
Introduction
104
2.
extraterritorial application of economic and social rights
105
3.
extraterritorial application of the rights to food and water, health, education and work by contributing States
116
4.
Measuring the impact of economic and social rights in peacekeeping operations: The added value of human rights indicators
123
5.
Human rights indicators as a measure of compliance of contributing States' extraterritorial obligations
125
5.1.
Structural, process and outcome indicators measuring the rights to food, health and work
126
5.2.
rights to water and education: The AAAQ and AAAA frameworks and the use of indicators
130
5.3.
`Survival' rights and the right to life
133
5.4.
Indicators on the rights to equality and non-discrimination
134
6.
Conclusion
135
5.
Reimagining peace and security in the post-conflict environment
137
1.
Introduction
137
2.
Jus Post Bellum as a philosophical construct
140
3.
Positive peace and human security as collective security
148
4.
Economic and social rights in the post-conflict environment: The importance of accountability
153
5.
Conclusion
164
Conclusion
166
Bibliography
171
Index
207