Les droits economiques, sociaux et culturels passent souvent pour etre programmatoires, couteux et non-justiciables. Cette conception, encore tres repandue en Suisse, n'a desormais plus lieu d'etre. La presente these situe, a titre liminaire, ces droits de l'Homme dans leur contexte historique, en rappelant les prejuges dont ils font l'objet. Refutant systematiquement ces poncifs, elle demontre, en deuxieme lieu, que droits sociaux et civils partagent la meme nature, engendrent des types d'obligations identiques (respect, protection, mise en oeuvre), et doivent partant etre soumis au meme regime juridique ainsi que beneficier de la meme reconnaissance par les autorites et par la Societe. En troisieme et dernier lieu, l'etude examine le concept de la justiciabilite. L'appliquant aux droits sociaux, elle conclut a leur caractere directement applicable, que confirment notamment le Protocole facultatif se rapportant au Pacte ONU I (communications individuelles) et la jurisprudence sur reclamations collectives afferente a la Charte sociale europeenne.

/pdf/vers-la-pleine-reconnaissance-des-droits-economiques-sociaux-23r4gjfaha.pdf

Vers la pleine reconnaissance des droits économiques, sociaux et culturels

This thesis argues that international copyright law should play a stronger role in the implementation of authors’ and users’ international human rights. In international human rights law, authors’ and users’ human rights are two sides of the same coin: both derive from human dignity and contribute to the development of the human personality. Authors have a set of moral and material interests that entitle them, as a minimum, to an adequate standard of living, to be (or not to be) associated with their intellectual works, and to object to any distortion or mutilation of those works. These entitlements receive a viable back up protection from authors’ human rights to freedom of expression and property. At the same time, users have human rights in culture, arts, and science that entitle them to access, use, and share intellectual works. Also, their human rights to freedom of expression and education reinforce these entitlements. Authors’ and users’ human rights are reciprocal, mutually-reinforcing, and mutually-limiting. Thus, their balanced implementation— by means of legislation or adjudication—depends on three rules: authors’ and users’ human rights are limited, they are not hierarchal, and they are interdependent on and indivisible from other human rights and freedoms. On the other hand, despite its practicality and predominance, the exclusiveright system of international copyright law does not necessarily enable authors to achieve an adequate standard of living, and TRIPS has explicitly overlooked their

https://www.ruor.uottawa.ca/bitstream/10393/31359/1/Al-Sharieh_Saleh_2014_thesis.pdf

A Roadmap for Assimilating Authors’ and Users’ Human Rights into International Copyright Law

What sort of entitlements should citizens have in a just society? In this book, Rutger Claassen sets out a theory of what he terms 'navigational agency', whereby citizens should be able to navigate freely between social practices. This shows how individuals can be at the same time free and autonomous in striving for their own goals in life, but also embedded in social practices in which they have to cooperate with others. He argues that for navigational agency, people need three sets of core capabilities: those which allow human empowerment in civil society, a decent level of socio-economic subsistence, and political participation in democratic decision-making procedures. The idea of navigational agency, the book argues, provides an alternative to currently dominant versions of the capability approach to social justice, and strengthens its liberal foundations.

Capabilities in a Just Society: A Theory of Navigational Agency

The people-to-land relationship is dynamic and changes over time in response to cultural, social and economic development. Land policies, institutions and land administration systems are key tools aimed at governing this relationship. Such tools will normally include the means for allocating and controlling rights, restrictions and responsibilities in land - often termed RRRs. Each of the rights, restrictions and responsibilities encompasses a human rights dimension that should be seen and unfolded as more than just political rhetoric. This article attempts to analyse the aspect of human rights in relation to land administration systems with a special focus on less developed countries struggling to build adequate systems for governing the rights, restrictions and responsibilities in land. In doing so, the article conceives planning as a key function and means of land administration systems by which human rights should be underpinned in solving concrete land issues.

Land administration, planning and human rights

Despite the ever increasing interest of Academic literature on International taxation, real estate and property taxes have been somehow underestimated till a very recent time in legal scientific research.There are no general principles (world-wide accepted) applicable to taxes levied on property, mainly because the right to property as such is regulated and acknowledged very differently from State to State. In some areas it is considered a quasi-natural right of the individual, while in many other is protected under law only if a social function (on a case by case basis) can be attributed to is as well.But if no general consensus can be found on real estate tax, nonetheless it is possible to find de facto common principles on qualified regional areas: shared rules affecting taxation of property that are established at a level which is beyond the one of the sovereign State and that might influence the latter. Europe is a clear example of this regional approach to real estate taxation.In the old Continent both the EU and the Council of Europe have established clear limits to the power to tax of the States that should be respected while dealing with immovable property taxation. The first and foremost of these limits concerns the level taxation and the need for the application of a tax that should never lead to a deprivation of property. Taxation and expropriation in this respect are two phenomena that risk to have a lot in common when they are directed to real estate.Italy, as a member of the European Union and of the Council of Europe, developed very recently a brand new tax on real estate, and dared to apply it also on immovable properties detained abroad (that is, in other States) by individuals resident in Italy. This decision (taken in the attempt to maximize the flow of revenue in a time of crisis) will ultimately bring Italy to a possible conflict with the taxing powers of the other States, where the asset is placed. An individual resident in Italy, for instance, will be liable to tax therein for a real estate owned in South Korea, even if he is also liable to tax in the Korean peninsula for the same asset. The mechanisms set up to prevent multiple taxation (basically, a foreign tax credit) appears all but adequate to mitigate the newly imposed tax burden, and the tax as such appears to be a serious hinderance to investments in foreign states and ultimately lead to a distorsive affect of capitals allocation.On the long run, the side effects of this decisions are still unpredictable and its consistency with the above mentioned principles concerning real estate taxation all but certain.

Karin Åhman

Papers

The Human Right to Property