The Resource Economic, social and cultural rights of civilians in contexts of armed conflict and occupation : an international law perspective, Chiara Altafin

Economic, social and cultural rights of civilians in contexts of armed conflict and occupation : an international law perspective, Chiara Altafin

Label
Economic, social and cultural rights of civilians in contexts of armed conflict and occupation : an international law perspective
Title
Economic, social and cultural rights of civilians in contexts of armed conflict and occupation
Title remainder
an international law perspective
Statement of responsibility
Chiara Altafin
Creator
Contributor
Subject
Language
eng
Summary
This dissertation examines the role, function and adequacy of public international law to deal with civilians' access to, enjoyment and progressive realisation of economic, social and cultural rights (ESC rights) as controversially affected during and in the aftermath of contemporary scenarios of armed conflict, other situations of massive violence, and contexts of occupied territories. Over the course of the past three decades the nature of armed conflicts, their causes and consequences have undergone major changes. Similarly, current-day military occupations have assumed polymorphic features, including forms of prolonged occupation or forms of interim administrations to carry out "regime change" in the occupied territory. It is argued that relevant implications against civilians' vulnerability may derive from a more integrated and holistic approach of international law to issues pertaining to the respect, protection, and fulfilment of ESC rights. In particular, the position taken is that certain branches of international law have progressively come to represent valuable legal tools enabling to delineate and clarify the core substance and uncertain boundaries of outstanding connections emerging between civilians' ESC rights and conflict-affected or occupation-related settings. The evolution of the international legal framework invites, indeed, a reconsideration of the normative responses advanced under international humanitarian law in tandem with the functional development of other applicable international legal regimes, such as international criminal law and international human rights law. Through an extensive review of legal instruments and practice, this study investigates the following: which international norms have progressively supported developments in the normative content of ESC rights and favour a more precise understanding of the nature and scope of ensuing obligations to be addressed for the imperative of civilian protection; which international norms have tackled questions of accountability for their violations as committed during the conduct of hostilities and its aftermath or the administration of occupied territories; which international norms have also advanced the availability of remedies to ensure the basic right to effective remedy and reparation for the violations concerned. Accordingly, emerging trends alongside relevant gaps, weaknesses and limits in the legal branches concerned are addressed by suggesting a number of conclusive basic remarks
Cataloging source
FIE
http://library.link/vocab/creatorName
Altafin, Chiara
Date time place
Defence date: 8 June 2015
Dissertation note
Thesis (Ph. D.)--European University Institute (LAW), 2015.
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses.
  • EUI theses
http://library.link/vocab/subjectName
  • War
  • Combatants and noncombatants (International law)
  • Humanitarian law
  • International law
  • Cultural property
  • International criminal law
  • Humanitarian assistance
  • Exterritoriality
Label
Economic, social and cultural rights of civilians in contexts of armed conflict and occupation : an international law perspective, Chiara Altafin
Instantiates
Publication
Note
Examining Board: Professor Francesco Francioni, European University Institute; Professor Martin Scheinin, European University Institute; Professor Natalino Ronzitti, LUISS University of Rome; Professor Nigel White, University of Nottingham
Bibliography note
Includes bibliographical references (p. 532-580)
Control code
FIEb17711538
Dimensions
30 cm.
Extent
580 pages
System control number
(OCoLC)933294390
Label
Economic, social and cultural rights of civilians in contexts of armed conflict and occupation : an international law perspective, Chiara Altafin
Publication
Note
Examining Board: Professor Francesco Francioni, European University Institute; Professor Martin Scheinin, European University Institute; Professor Natalino Ronzitti, LUISS University of Rome; Professor Nigel White, University of Nottingham
Bibliography note
Includes bibliographical references (p. 532-580)
Control code
FIEb17711538
Dimensions
30 cm.
Extent
580 pages
System control number
(OCoLC)933294390

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