Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-rcrh6 Total loading time: 0 Render date: 2024-11-22T04:57:39.121Z Has data issue: false hasContentIssue false

3 - Economic and Social Rights and Neoliberalism

Published online by Cambridge University Press:  24 February 2022

Emma Luce Scali
Affiliation:
Birmingham City University
Get access

Summary

This Chapter critically reviews the existing international law on economic ad social rights, namely the International Covenant on Economic, Social and Cultural Rights (ICESCR), and it outlines existing standards on sovereign debt and human rights. Considering the surviving peculiarities of the ICESCR (due, inter alia, to the historical contingencies that influenced its elaboration in the 1950s-60s) and the nature of the economic and fiscal policy measures that have been generally recommended over the years by its monitoring body, the UN Committee on Economic, Social and Cultural Rights (CESCR), this Chapter challenges the purported economic neutrality of the Covenant (and, more generally, of the international ESR regime) as currently interpreted. Furthermore, it highlights the increased influence of neoliberalism on this legal framework’s post-crisis developments, especially the more recent (re)interpretation by the CESCR of the prohibition of retrogressive measures.

Type
Chapter
Information
Sovereign Debt and Socio-Economic Rights Beyond Crisis
The Neoliberalisation of International Law
, pp. 62 - 102
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×