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Economic, Social, and Cultural Rights in Armed Conflict$
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Gilles Giacca

Print publication date: 2014

Print ISBN-13: 9780198717447

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780198717447.001.0001

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Treaty Obligations of States for Economic, Social, and Cultural Rights

Treaty Obligations of States for Economic, Social, and Cultural Rights

Theory and Assessment

Chapter:
(p.24) I Treaty Obligations of States for Economic, Social, and Cultural Rights
Source:
Economic, Social, and Cultural Rights in Armed Conflict
Author(s):

Gilles Giacca

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198717447.003.0002

The chapter starts with an examination of the nature of ESC rights and the relevant concepts and approaches developed by the ICESCR and legal doctrine. These include, in particular, the notion of a minimum core content of ESC rights, the economic contingency of the rights, and the tripartite typology of obligations developed in human rights law. It also evaluates the challenges posed by the notion of progressive realization as expressed by the formula of ‘maximum available resources’, and the way the resources available to the state can determine the scope of its obligations under the Covenant. The chapter also looks at the effect of militarization on resource allocation, including the latest development relating to arms acquisitions and the recently adopted UN Arms Trade Treaty.

Keywords:   armed conflict, armed violence, use of force, terrorism, humanitarian law, food, health, education

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