This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character.
The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.
Mark Gibney is the Belk Distinguished Professor at University of North Carolina -Asheville. Since 1984, Gibney has directed the Political Terror Scale (PTS), which measures levels of physical integrity violations in more than 185 countries (www.politicalterrorscale.org).
Wouter Vandenhole holds the UNICEF Chair in Children's Rights at the Faculty of Law of the University of Antwerp (Belgium) and is the Co-Director of the Law and Development Research Group.