Chapter 1 | Page 18
between political, economic and social actors within this normative framework
not only affect the level of realisation of ESC rights by specific rights-holders,
but also the effectiveness with which they can claim and protect their rights.
Given the increasing relevance of ESC rights in today’s globalised world, and
taking into consideration the enormity of the challenges to human welfare in
both developed and developing countries,35 it is argued that reinvigorated and
specifically targeted efforts to ensure the realisation of ESC rights have
become ever more critical and pressing. Such deeper analysis of the concepts
related to ESC rights implementation has the potential not only to guide the
work of national governments but also to provide a foundation for the work of
national human rights institutions (NHRIs) and of domestic and transnational
human rights activists and advocates.
1.4 METHODOLOGY
The cross-disciplinary nature of the research problem identified in this thesis,
with significant legal, economic and public policy elements, poses a challenge
in determining the most suitable methodological approach. Literature on the
taxonomy of legal research styles identify several approaches: doctrinal;
expository; law reform; legal theory; and fundamental research in law.36 In
isolating and selecting a methodological approach for the thesis, careful
consideration was given to strike a balance between theoretical and practical
dimensions of the research question and what it aims to achieve. In particular,
whether the research adopts a doctrinal, theoretical or conceptual approach
was given utmost attention.
35
For example, the UNDP Human Development Report 2014 states that 1.2 billion people
live with $1.25 or less a day, and according to the UNDP Multidimensional Poverty Index,
almost 1.5 billion people in 91 developing countries are living in poverty with overlapping
deprivations in health, education and living standards. See, United Nations Development
Programme, Human Development Report 2014: Sustaining Human Progress: Reducing
Vulnerabilities and Building Resilience (UNDP, New York, 2014), <http://hdr.undp.org/
sites/default/files/hdr14-report-en-1.pdf>.
36
Mathias M Siems, 'The Taxonomy of Interdisciplinary Legal Research: Finding the Way
Out of the Desert' (2009) 7 Journal of Commonwealth Law and Legal Education 5.
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