Везде
Protection of Social and Economic Rights in Conditions of Integration
Table of contents
Annotation Estimate Publication content
References Comments
Share
QR
Metrics
Protection of Social and Economic Rights in Conditions of Integration
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/jrp.2024.2.6
Publication type
Article
Status
Published
Authors
Mekhti Mekhtiev 
ORCID: 0000-0001-7752-5313
Occupation: Senior Researcher, Center of International Law and Comparative Legal Studies
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Moscow, Russia
Edition
Volume 28 No. 2
Pages
136-151
Abstract

This article attempts to identify current trends in the formation of a new balance between the economic and social rights of an individual and the rights of society, which is pursued by interstate regional economic organisations. One of the key contradictions in the formation of such a balance is: whether goods and services are available at affordable prices, as it is a guarantee to achieve a decent standard of living and poverty alleviation.

The study is based mainly on the comparative analysis method of the regional organizations' statutory acts and regulation of the interaction of developing countries' regional associations. Another method is deduction, as in this article it is a mean to make a number of conclusions that demonstrate the differences in the approaches to the protection of social and economic rights in developed and developing countries.

The article illuminates that Western countries — unlike many other participants in universal treaties — are striving to strengthen the principles of a market economy, which is why freedom of economic activity and private initiative are given priority. Developing countries and international organizations in alternative treaties, in turn, seek to coordinate not only social and economic policies, but also to coordinate their economic potentials, which can be associated with the strengthening of the role of states and interstate bodies in the functioning of world markets. As a result, in global markets, individuals are increasingly competing with developing states, while the latter pursue not the interests of individuals, but the interests of their societies. Moreover, it is the difference in approaches to the protection of the social and economic rights of peoples that delineates the boundaries of markets between developed and developing countries. This fragmentation results from the vague wordings in the universal treaties. However, it is not the difference in wordings of new provisions in alternative treaties, which fill the gaps contained in the universal treaties. It is rather the result of establishing in alternative treaties the concept of coordination of national economic potentials, which are characteristics of developing countries and not developed ones.

Keywords
social rights, economic rights, welfare state, constitutional guarantees, regionalization, protection of competition, freedom of economic activity
Date of publication
27.02.2024
Number of purchasers
6
Views
82
Readers community rating
0.0 (0 votes)
Cite Download pdf
1

References



Additional sources and materials

1. Bentham J. Anarchical Fallacies. Nonsense upon Stilts: Bentham, Burke and Marx on the Rights of Men. Ed. by J. Waldron. London, 1987. 246 p. 
2. Bignami F., Spivack C. Social and Economic Rights as Fundamental Rights. American Journal of Comparative Law, 2014, vol. 62, pp. 561—587. 
3. Fredman S., Campbell M. Social and Economic Rights and Constitutional Law. Oxford, 2016. 768 p. 
4. Garcia H. A., Klare K., Williams L. A. (eds). Social and Economic Rights in Theory and Practice: Critical Inquiries. Routledge, 2015. Chapter 1. 344 p. 
5. Groussot X., Pétursson G., Pierce J. Weak right, strong Court — The freedom to conduct business and the EU charter of fundamental rights. Ed. by S. Douglas-Scott, N. Hatzis. Research Handbook on EU Law and Human Rights. Cheltenham, 2017. Pp. 326—344. 
6. Skogly S. The Requirement of Using the “Maximum of Available Resources” for Human Rights Realisation: A Question of Quality as Well as Quantity? Human Rights Law Review, 2012, no. 12, iss. 3, pp. 393—420. 
7. Social policy in the European Union 1999—2019: The long and winding road. Ed. by B. Vanhercke, D. Ghailani, S. Spasova, P. Pochet. European Trade Union Institute (ETUI) and European Social Observatory (OSE). Brussels, 2020. 230 p. 
8. Vyshinskiy A. Ya. Issues of International Law and International Politics. Moscow, 1951. 391 p. (In Russ.) 
9. Zakharov M. L. International Legal Standards of Retirement Insurance and the Russian Actuarial Pension Plans. Journal of Russian Law, 2015, no. 7, pp. 5—12. (In Russ.) DOI: 10.12737/11737. 
10. Antonova N. V. (ed.). Institute of Social Allowances and Compensations in the Russian Federation: the Genesis of Legal Regulation. Moscow, 2021. 192 p. (In Russ.) 
11. Kovler A. I. European Convention in the International System of Human Rights Protection. Moscow, 2019. 304 p. (In Russ.) 
12. Lapaeva V. V. Privatization of Socialist Property: Constitutional-Legal and Philosophical- Legal Analysis. Yuridicheskie issledovaniya, 2014, no. 2, pp. 1—46. (In Russ.) 
13. Kovler A. I. (ed.) Research Activities of International Organizations in Emergency Situations. Moscow, 2021. 264 p. (In Russ.) 
14. Putilo N. V., Volkova N. S. (eds). Educational Legislation of Russia. New Milestone of Development. Moscow, 2015. 480 p. (In Russ.) 
15. Tsomartova F. V. (ed.). Law and Biomedicine. Moscow, 2021. 136 p. (In Russ.) 
16. Lazarev V. V. (ed.). Law, legislation and court in the early works of Karl Marx (to the 200th anniversary of the birth of K. Marx). Moscow, 2019. 304 p. (In Russ.) 
17. Putilo N. V. Social Rights of Citizens: History and Modernity. Moscow, 2007. 320 p. (In Russ.) 
18. Putilo N. V. Social Rights in a Post-Industrial Society. Moscow, 2021. 120 p. (In Russ.)

Comments

No posts found

Write a review
Translate