Engagement Between Legal Orders In The Context Of Socioeconomic Rights

The thesis evaluates the international protection of socio-economic rights, and shows that it is subject to many weaknesses, which are built into the very structure of that protection. These weaknesses impact upon all elements of protection, namely, the personal and material scope of protection, the content of, and limitations to, protection, as well as the enforcement of rights. Thus, they decrease the overall effectiveness of the protection of socio-economic rights. Against this background, the thesis examines the role of engagement between legal orders in this context. It examines the extent and dynamics of engagement in the context of the international protection of socio-economic rights. It shows that – and how – engagement between legal orders takes place in this context, with varying forms, degrees of formality and dimensions. Most importantly, the role of engagement as a tool to address or mitigate structural weaknesses in the international protection of socioeconomic rights is examined. Engagement between legal orders has proved to be an effective tool to address or mitigate weaknesses related to all aspects of protection, and has contributed to improving the international protection of socio-economic rights. However, methodological shortcomings in the way in which engagement has been used are also revealed. In the light of these, the thesis highlights the need for, and develops, a normative approach to engagement between legal orders.