Publications
Detailed Information
What are Minimum Core Obligations?: Conceptualizing a Performative Standard for Economic, Social & Cultural Rights to Complement Progressive Realization : 최소핵심의무에 관한 연구
DC Field | Value | Language |
---|---|---|
dc.contributor.advisor | 송지우 | - |
dc.contributor.author | 송윤권 | - |
dc.date.accessioned | 2018-05-29T04:36:28Z | - |
dc.date.available | 2018-05-29T04:36:28Z | - |
dc.date.issued | 2018-02 | - |
dc.identifier.other | 000000151361 | - |
dc.identifier.uri | https://hdl.handle.net/10371/142162 | - |
dc.description | 학위논문 (석사)-- 서울대학교 대학원 : 사회과학대학 정치외교학부, 2018. 2. 송지우. | - |
dc.description.abstract | The doctrine of minimum core obligations has emerged in the past few decades as part of United Nations international human rights law rhetoric with regard to the protection of economic, social and cultural rights. While the doctrine remains to be tested as a powerful instrument in the protection of those rights, there remain a number of problems that demand to be answered. One such problem – and arguably the main problem – is the uncertainty that persists with regard to the exact meaning, content, and practicality of the doctrine. The aim of this thesis is, therefore, to determine the purpose of the minimum core obligations doctrine and its implications. In this thesis, it is argued that the doctrine of progressive realization engrained in the Covenant on Economic, Social and Cultural Rights represents a standard of state performance that is both progressive and variable. The progressive and variable nature of progressive realization – while necessary for the protection of economic, social and cultural rights – is also the doctrines biggest flaw. In light of this fact, the doctrine of minimum core obligations complements progressive realization by constituting a performative standard that is immediate, complete, and universal. | - |
dc.description.tableofcontents | I. INTRODUCTION 1
1.1 Thesis Structure 6 1.2 The Concept of the Core, Core Rights, and Core Obligations 6 1.2.1 Study of the Concept of the Core 8 1.2.2 Study of the Core from a Rights Perspective 11 1.2.3 Study of the Core from an Obligations Perspective 14 1.2.4 Call to Abandon Minimum Core Obligations Altogether 16 1.3 Legitimizing the Obligations Perspective Over the Rights Perspective 18 1.4 Making Sense of UN Documents and the Rule of Interpretation 19 II. ONE DECLARATION BUT TWO COVENANTS 21 2.1 Immediate Effect Versus Progressive Realization 24 2.2 Progressive Realization as a Performative Standard 27 2.2.1 Progressive with Regard to Resources 29 2.2.2 Progressive with Regard to Time 30 2.3 Problems related to Progressivity and Variability 31 III. THE DIFFERENCE BETWEEN CORE RIGHTS AND CORE OBLIGATIONS 35 3.1 Core Rights 37 3.2 Core Obligations 38 3.3 Minimum Core Obligations to Complement Progressive Realization 41 3.4 Tasioulas Theory of Immediacy, Completeness, And Universality 43 3.4.1 Standard Baseline of State Capacity 46 3.4.2 Four Conditions That Allow States Parties to Express Variability 47 3.5 Implications of Tasioulas Theory 49 IV. CONCLUSION 55 BIBLIOGRAPHY 56 UN DOCUMENTS AND TREATY TEXTS 62 | - |
dc.format | application/pdf | - |
dc.format.extent | 1036516 bytes | - |
dc.format.medium | application/pdf | - |
dc.language.iso | en | - |
dc.publisher | 서울대학교 대학원 | - |
dc.subject | minimum core obligations | - |
dc.subject | progressive realization | - |
dc.subject | performative standard | - |
dc.subject | core obligations | - |
dc.subject | core rights | - |
dc.subject | John Tasioulas | - |
dc.subject.ddc | 320 | - |
dc.title | What are Minimum Core Obligations?: Conceptualizing a Performative Standard for Economic, Social & Cultural Rights to Complement Progressive Realization | - |
dc.title.alternative | 최소핵심의무에 관한 연구 | - |
dc.type | Thesis | - |
dc.contributor.AlternativeAuthor | Yoonkwon Song | - |
dc.description.degree | Master | - |
dc.contributor.affiliation | 사회과학대학 정치외교학부 | - |
dc.date.awarded | 2018-02 | - |
- Appears in Collections:
- Files in This Item:
Item View & Download Count
Items in S-Space are protected by copyright, with all rights reserved, unless otherwise indicated.