Enforcing economic social and cultural rights from the perspective of Bangladesh

Research Paper (postgraduate) from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, University of Chittagong (PREMIER UNIVERSITY CHITTAGONG, BANGLADESH), course: MASTERS OF LAW (LL.M.), language: English, ...

Author: Kutub Uddin

Publisher: GRIN Verlag

ISBN: 3668887632

Category: Law

Page: 36

View: 707

Research Paper (postgraduate) from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, University of Chittagong (PREMIER UNIVERSITY CHITTAGONG, BANGLADESH), course: MASTERS OF LAW (LL.M.), language: English, abstract: This research paper will be helpful to enforce Economic, Social and Cultural rights throughout instructive and suggestive way and also be helpful to identify the gross violation of economic, social and cultural rights. Furthermore, this paper will be very effective to identify what extend ESC rights is available for the nationals of Bangladesh and people of the world as well. In this paper, I tried the best to put here why enforcement of ESC rights is not possible exhaustively and what is the limitation in that regard. This paper is the analytical outcome of various research paper, books, and many legal instruments which was constituted in earlier time. This thesis also provides the decision to being actively promoting and depending Economic, Social and Cultural rights.

Economic Social Cultural Rights in Practice

This book examines the record of jurisdictions in which attempts have been made at judicial enforcement of economic, social and cultural rights.

Author: Yash P. Ghai

Publisher: Commonwealth Secretariat

ISBN: 9781869940270

Category: Civil rights

Page: 142

View: 627

This book examines the record of jurisdictions in which attempts have been made at judicial enforcement of economic, social and cultural rights. Contributions provide insights into the methods, specificity, and limits of judicial enforcement. They explore the interdependence of civil and political rights and economic, social and cultural rights, and the permeation of the latter into interpretations of the former. The judicial approach now tends to the view that not only are both types of rights essential for human dignity, but also that economic, social and cultural rights, when not directly enforceable as such, help to elaborate civil and political rights.

Shipbreaking in Developing Countries

A Requiem for Environmental Justice from the Perspective of Bangladesh Md Saiful Karim ... Bilchitz, David, Poverty and Fundamental Rights: The Justification and Enforcement of Socio-Economic Rights (Oxford University Press, ...

Author: Md Saiful Karim

Publisher: Routledge

ISBN: 1317595076

Category: Law

Page: 150

View: 292

This book explores the process of shipbreaking in developing countries, with a particular focus on Bangladesh. In the past, shipbreaking (the disposal of obsolete ships) was a very common industrial activity in many developed countries. However, due to stringent domestic environmental and labour laws it is almost impossible for the increasing number of vessels to be disposed of domestically, and now developing nations including Bangladesh, China, India, Turkey and Pakistan regularly participate in this activity. The shipbreaking yards in these countries are not only detrimental to the marine and coastal environment but also represent significant health hazards to local people and workers. Given the global importance of the issue, an effective legal and institutional framework for a sustainable operation of the shipbreaking industry is desperately needed. Sitting at the intersection of three distinct fields – environmental justice, international environmental law and international maritime law – this book offers an innovative take on the issues surrounding the shipbreaking process. Drawing on the case study of Bangladesh due to its prominence in the shipbreaking industry, the author implements an environmental justice framework to examine the issues of sustainability surrounding shipbreaking, and analyses the relationship between social development, economic development and environmental protection. Maritime perspectives of environmental justice will also be highlighted through a discussion of the International Maritime Organization’s role in the implementation of the Hong Kong Convention in developing countries. This book will be of great interest to scholars of environmental justice, international maritime law and international environmental law.

Minority Rights in South Asia

Nevertheless , from a human rights perspective , there are other important criteria to evaluate the judicial ... How and to what extent economic , social and cultural rights are to be enforced , when the Constitution regards them as ...

Author: Rainer Hofmann

Publisher: Peter Lang

ISBN: 9783631609163

Category: Law

Page: 228

View: 931

This publication contains case studies on human and minority rights in the South Asian countries, including a special focus on the South Asian Association for Regional Cooperation (SAARC), and articles on different forms of National Human Rights Commission and Immigration to the UK and «new minorities». It is further complemented by an in-depth study on Autonomy, Kashmir and International Law. Assembling articles authored by leading scholars from both South Asia and Europe, the book will contribute to a mutual exchange of views on human and minority rights issues in South Asia. In particular, the book is aimed at increasing awareness and understanding of current developments in South Asia and, on this basis, at enhancing a constructive dialogue between representatives of the scientific community, policy-makers and civil society in Europe and their counterparts in South Asia.

Enforcement of Economic Social and Cultural Rights

International and National Perspectives Manoj Kumar Sinha. 1 Burgenthal , T. , " Commentary , The American Convention on Human Rights : Illusions and Hopes " , Buffalo Law Review , vol . 21 , no . 1 , 1971 , pp . 121-36 .

Author: Manoj Kumar Sinha

Publisher:

ISBN:

Category: Civil rights

Page: 345

View: 290

The enforcement of human rights in general, and economic, social and cultural rights in particular, depends to a great extent on legal provisions protecting these rights contained in international and regional treaties, as well as in national constitutions and laws. Since 1945, a large number of human rights treaties were adopted both at regional and international levels.The book explores the various international and regional human rights instruments available for the enforcement of economic, social and cultural rights. The book traces the relationship of the fundamental rights and the Directive Principles of State Policy in India. The book also traces the jurisprudence developed by the Indian judiciary in the field of economic, social and cultural rights. It concludes that after the Vienna Declaration civil and political and economic, social, and cultural rights are interdependent, indivisible and interrelated.This book will be extremely helpful to the academicians, NGOs, students and lawyers as well as other institutions dealing with international law and human rights.

Compliance and the Enforcement of EU Law

In this respect, seen from an integrated perspective on the rule of law, consistent interpretation is a key element ... and the International Covenant on Economic, Social and Cultural Rights, 993 UNTS 3, 1966, hereinafter the 'ICESCR', ...

Author: Marise Cremona

Publisher: Oxford University Press

ISBN: 019964473X

Category: Law

Page: 199

View: 965

The EU has long faced difficulties in ensuring compliance with its legal provisions, and as a result has developed sophisticated enforcement techniques that penetrate deep into the law and politics of member states. This book gathers leading experts to assess the legal procedures and political mechanisms at work in the EU to promote compliance.

Improving Compliance with International Environmental Law

... Rights 68, 140—41 lntemational C0venant on Economic, Social and Cultural Rights 68 international environmental agreements (IEAs) 29 Bangladesh 213—18 consensus not effective 221—2 enforcement 63-5 fiduciary role 33 lack enforcement ...

Author: Jacob Werksman

Publisher: Routledge

ISBN: 1134170548

Category: Political Science

Page: 360

View: 304

Measures for regulating the behaviour of nation states in relation to the global environment have increasingly taken the form of international treaties and conventions. Many have argued that this has proved to be an ineffective way of halting unsustainable development, for the provisions of these agreements are either too weak or are flouted regularly by the parties concerned. This volume seeks to address the crucial question of how compliance with these agreements could be encouraged effectively without damaging the fragile political consensus that is emerging on environmental issues. With extensive use of case studies, Improving Compliance will make stimulating reading for all students and researchers working in this area, as well as for anyone concerned about the effectiveness of international environmental measures.

Social Rights Jurisprudence

improving public health and nutrition; work as a right and as a duty and the preservation ofnational culture and ... This approach appears to reflect that of the UN Committee on Economic, Social and Cultural Rights in its views on the ...

Author: Malcolm Langford

Publisher: Cambridge University Press

ISBN: 9781139473989

Category: Political Science

Page:

View: 374

In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable.

Constitutionalism in Asia

... enforcement of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and international labour conventions, after control of these territories reverted to China.

Author: Wen-Chen Chang

Publisher: Bloomsbury Publishing

ISBN: 1849469857

Category: Law

Page: 1170

View: 316

This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.

Freshwater Fisheries Ecology

In this chapter, we argue that a human rights‐based approach (HRBA) to development offers a comprehensive set of moral and ... International Covenant on Economic, Social and Cultural Rights (ICESCR); Convention on the Elimination of All ...

Author: John F. Craig

Publisher: John Wiley & Sons

ISBN: 1118394402

Category: Technology & Engineering

Page: 920

View: 938

Inland fisheries are vital for the livelihoods and food resources of humans worldwide but their importance is underestimated, probably because large numbers of small, local operators are involved. Freshwater Fisheries Ecology defines what we have globally, what we are going to lose and mitigate for, and what, given the right tools, we can save. To estimate potential production, the dynamics of freshwater ecosystems (rivers, lakes and estuaries) need to be understood. These dynamics are diverse, as are the earths freshwater fisheries resources (from boreal to tropical regions), and these influence how fisheries are both utilized and abused. Three main types of fisheries are illustrated within the book: artisanal, commercial and recreational, and the tools which have evolved for fisheries governance and management, including assessment methods, are described. The book also covers in detail fisheries development, providing information on improving fisheries through environmental and habitat evaluation, enhancement and rehabilitation, aquaculture, genetically modified fishes and sustainability. The book thoroughly reviews the negative impacts on fisheries including excessive harvesting, climate change, toxicology, impoundments, barriers and abstractions, non-native species and eutrophication. Finally, key areas of future research are outlined. Freshwater Fisheries Ecology is truly a landmark publication, containing contributions from over 100 leading experts and supported by the Fisheries Society of the British Isles. The global approach makes this book essential reading for fish biologists, fisheries scientists and ecologists and upper level students in these disciplines. Libraries in all universities and research establishments where biological and fisheries sciences are studied and taught should have multiple copies of this hugely valuable resource. About the Editor John Craig is Editor-in-Chief of the Journal of Fish Biology and has an enormous range of expertise and a wealth of knowledge of freshwater fishes and their ecology, having studied them around the globe, including in Asia, North America, Africa, the Middle East and Europe. His particular interests have been in population dynamics and life history strategies. He is a Fellow of the Linnean Society of London and the Royal Society of Biology.