Global Responsibility for Human Rights

World poverty represents a failure of the international community to see half of the global population secure their basic socio-economic rights. Yet international law foresees cooperation as essential to the realization of these human rights. In an era of considerable interdependence and entrenched economic and political advantage, the particular features of contemporary world poverty give rise to pressing questions about the scope, evolution, and application of the international law of human rights, and the attribution of global responsibility. This book considers the evolving nature of public international law and human rights with respect to international cooperation as a basis for addressing the role and responsibility of the international community in the creation of an environment conducive to a human-centered globalization. It offers a detailed examination of the historically controversial right to development and, through a careful consideration of its current significance and application, reflects the importance of the rationale of the right to development onto the critical challenge of poverty in the 21st century. Through doctrine and jurisprudence, this book charts recent changes in international law relevant to the ability of states to develop and to fulfill their human rights obligations, and the reality that they are constrained by the actions and structural arrangements of the powerful members of the international community. This book explores developments in the system of international safeguards meant to correspond to the deprivation of economic, social, and cultural rights today. By analyzing the approach, contribution, and current limitations of the international law of human rights to the manifestations of world poverty, the reader is challenged to rethink human rights and, in particular, the framing of responsibilities that are essential to their protection.

Margot E Salomon, PhD (LSE), LLM (UCL, London), MA (Amsterdam), BA (Montreal) is a Lecturer in Law at the Centre for the Study of Human Rights and the Department of Law, London School of Economics and Political Science. She is a member of the Centre's Advisory Board, and convenes the LLM course on World Poverty and Human Rights. Margot holds a Visiting Lectureship at the UN University in Tokyo where she lectures annually on poverty and responsibility, and is a member of the Advisory Group to the UN High-Level Task Force on the Right to Development.

Table of Cases	p. xvii
Table of Legal Instruments and Documents	p. xix
List of Abbreviations	p. xxviii
Introduction	p. 1
Interdependence and Its Imperatives	p. 13
Introduction	p. 13
Towards an International Community of States	p. 15
Locating the international community	p. 15
International law of cooperation as the law of the international community	p. 21
Reconciling sovereignty and interdependence	p. 25
The influence of interdependence on international law	p. 28
The continued predominance of cooperative internationalism in the twenty-first century	p. 32
Globalization in an Era of Human Rights	p. 39
Economic globalization as a structural impediment to the exercise of human rights	p. 39
Poverty as a human rights issue	p. 47
The Structural Approach to the Realization of Human Rights	p. 50
The right to development	p. 50
The position of treaty-bodies	p. 56
Conclusion	p. 60
Sources and Content of an International Responsibility to Cooperate for Human Rights	p. 64
Introduction	p. 64
The Sources of Cooperation for Human Rights in International Law	p. 65
Cooperation and Shared Responsibility in International Human Rights Instruments	p. 71
International cooperation in human rights conventions and declarations	p. 71
The International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child and other Human Rights Conventions	p. 75
Declarations	p. 83
The legal basis of international cooperation in the right to development	p. 85
The normative force of the Declaration on the Right to Development	p. 88
International cooperation and shared responsibility in world conferences	p. 92
The Content of International Cooperation	p. 98
The position of Northern states	p. 98
'Maximum available resources'	p. 101
The structural content of international cooperation	p. 102
Conclusion	p. 109
The Right to Development and Human-centred Globalization	p. 112
Introduction	p. 112
The 'Right-holder' of the Right to Development	p. 114
The Right to Development as a Particular Process of Development	p. 121
The indivisibility and interdependence of all human rights and the conditioning of economic policy	p. 121
Rights-based economic growth	p. 128
Obligations of conduct at the international level	p. 132
Principles of the right to development	p. 143
Equality and non-discrimination	p. 143
Participation	p. 145
Accountability	p. 148
The Current Incongruence of International Legal Regimes	p. 150
Conclusion	p. 156
A Doctrine of Basic Universal Rights and Supra-positive Obligations	p. 160
Introduction	p. 160
Beyond Legal Positivism	p. 161
The Universal Principle to Respect and Observe Human Rights	p. 165
What Constitutes Basic Rights Today?	p. 170
Basic Rights and Community Obligations	p. 174
Conclusion	p. 178
Attributing Global Legal Responsibility	p. 180
Introduction	p. 180
The Due Diligence Requirement and the Global Standard of Care	p. 182
A Typology for World Poverty: International Obligations to Remedy and to Prevent Human Rights Violations	p. 189
Conclusion	p. 194
Concluding Remarks: Latter-day Tyranny and the Future of Human Rights	p. 196
Bibliography	p. 205
Index	p. 233
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Global Responsibility for Human Rights

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