Pathways to Justice in a Globalised World: An Assessment of the Justiciability of the Extraterritorial Obligations in the Area of Economic, Social and Cultural Rights

Abstract

In the era of neoliberal globalisation, the enjoyment of human rights is increasingly contingent on extraterritorial forces. If human rights law is to meet the demands of social justice, fulfil its promise of universality, and account for power in a globalised world, human rights obligations must extend beyond States’ borders. While the extra-territorial obligations (‘ETOs’) of States regarding economic, social and cultural rights (‘ESC rights’) are being developed, it remains to be seen how they will be enforced.

Addressing the issue, this paper considers whether the ETOs pertaining to ESC rights can and should be judicially enforceable. The paper submits that: (1) there is a strong normative case that the ETOs of ESC rights should be subjected to judicial review; and (2) courts are capable of enforcing their attendant obligations. Consequently, potential pathways exist for communities to seek justice for violations of their ESC rights in a globalised world.