Jump to ContentJump to Main Navigation
Economic, Social, and Cultural Rights in Armed Conflict$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 25 May 2018

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

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

Theory and Assessment

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

Gilles Giacca

Oxford University Press

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .