Doctrinal Innovation and State Obligations: The Patterns of Doctrinal Development in the Jurisprudence of the UN Committee on Economic, Social and Cultural Rights

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

When we focus on accountability for human rights abuses, we are likely
to follow the path of certain familiar associations. The key issue seems
to be how obligations come to be institutionally associated with human
rights norms: accountability invites an institutional (and thereby legal)
perspective.1 International human rights law looks like the primary
framework for specifying exact human rights obligations – especially
for State Parties.2 And the most straightforward mechanism for setting
specifically legal obligations is the creation of binding legal documents
(e.g., by way of multilateral human rights treaties). In this chapter,
I will stay focused on the institutional aspects of accountability but
I shift the attention to an alternative to drafting treaties: breaking
down the normative implications of recognized human rights by way
of doctrinal reasoning.
Original languageEnglish
Title of host publicationHuman Rights Protection in Global Politics
Subtitle of host publicationResponsibilities of States and Non-State Actors
EditorsKurt Mills, David Jason Karp
PublisherPalgrave Macmillan
Pages49-68
Number of pages20
ISBN (Electronic)978-1-137-46317-3
ISBN (Print)978-1-137-46316-6, 978-1-349-49919-9
DOIs
Publication statusPublished - Jan 2015

Publication series

NameGlobal Issues Series

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