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contained under that treaty. 1 Nevertheless, Economic, Social and Cultural ( esc ) rights are still non-justiciable under its constitutional framework and have consequently failed to attract policy attention let alone adequate judicial protection in domestic arena. Though the higher judiciary in

In: International Human Rights Law Review

Rights: Can Courts Bring More Justice to Health from 2011 containing in-depth analyses of the litigation of the right to health in Argentina, Brazil, Colombia, Costa Rica, India, and South Africa, portray the question of justiciability of the right to health as a rapidly growing field of inquiry

In: International Human Rights Law Review
Author: Malcolm N. Shaw

paragraph 147A in volume 2, chapter 9, Jurisdiction and Admissibility: General Concepts previous paragraph Here the issue of justiciability arises. Justiciability in international litigation, and especially in the International Court, is not to be confused with justiciability as found in internal

creating a different monitoring mechanism between the two grand categories of human of rights. As a result, the economic and social rights enunciated in the International Covenant on Economic, Social and Cultural Rights (hereinafter icescr ) were devoid of justiciability and lacked an individual complaint

In: Nordic Journal of International Law
The Protection of Socio-Economic Demands under the European Convention on Human Rights
Author: Ida Koch
It is usually assumed that economic, social and cultural rights are two different kinds of rights. Despite this dichotomous perception of human rights we talk about human rights as indivisible, interrelated and interdependent. The purpose of the book has been to examine how the European Court of Human Rights perceives of the indivisibility notion as a legal phenomenon. This is done by analysing five different socio-economic rights: the right to health, the right to housing, the right to education, the right to social cash benefits and various work related rights. The examination clearly illustrates that the Court perceives of human rights as indivisible rights and this integrated approach to human rights protection and its further potential is discussed from a hermeneutic perspective.

independent and representative jurisdiction. The author later proposes a contemporary and an operational approach to the Court`s jurisdiction and justiciability., Edward McWhinney, Professeur à la Simon Fraser University de Burnaby, consacre son cours au règlement judiciaire des différends. Après un examen

This chapter is part of: Judicial settlement of disputes : jurisdiction and justiciability (Volume 221) Collected Courses of the Hague Academy of International Law (Volume 221) Publication Editor: Hague Academy of International Law Volume: 221 Brill | Nijhoff, Leiden | Boston, 1990, , Chapter

contemporary, operational approach to Court jurisdiction and justiciability pp. 157-194, Collected Courses of the Hague Academy of International Law Volume: 221 Brill | Nijhoff, Leiden | Boston, 1990 ISBN: 9780792312239 © 2014 by Hague Academy of International Law and Koninklijke Brill NV, Mots clefs Cour

Author: Lauterpacht, H.

This chapter is part of: La théorie des différends non justiciables en droit international (Volume 034) Collected Courses of the Hague Academy of International Law (Volume 034) Publication Editor: Hague Academy of International Law Volume: 34 Brill | Nijhoff, Leiden | Boston, 1930,

Lauterpacht, LL. D., H., Keywords: International arbitration | Pacific settlement of disputes |, Mots clefs: Arbitrage international | Règlement pacifique des différends internationaux |, According to the doctrine of non-justiciable disputes and the condition of the specific nature of