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This groundbreaking book explores the under examined nature and scope of Article 4 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which governs permissible restrictions on these rights.
Challenging the assumption that such limitations apply only during crises, it analyses their application in diverse contexts, from financial crises and public health emergencies, to situations of armed conflict. Through doctrinal and empirical analysis, the book offers a comprehensive examination of UN and state practice, highlighting the need for clarity, specificity and authenticity. It provides recommendations for developing a legal framework that promotes the optimal protection of ESCRs during normality and crisis alike.
Introduction
1. The International Covenant on Economic, Social and Cultural Rights 1966, Article 4: a Doctrinal Analysis
2. Why Do States Invoke Article 4 To Limit ESCRs? ESCRs in Times of Crisis and Normality
3. The International Covenant on Economic, Social and Cultural Rights 1966, Article 4: an Empirical Analysis
4. Evaluating the Interpretation and Application of Article 4 by the CESCR: a Burgeoning Framework
5. Moving Forwards: Developing a Clear and Consistent Limitations Framework Under ICESCR
Conclusion