Contesting Austerity: The Potential and Pitfalls of Socioeconomic Rights Discourse

25 Pages Posted: 1 Jun 2016  

Joe Wills

Leicester Law School

Ben T.C. Warwick

Birmingham Law School, University of Birmingham, UK

Date Written: 2016

Abstract

This article argues that, while socioeconomic rights have the potential to contribute to the contestation of austerity measures and the reimagining of a “postneoliberal” order, there are a number of features of socioeconomic rights as currently constructed under international law that limit these possibilities. We identify these limitations as falling into two categories: “contingent” and “structural.” Contingent limitations are shortcomings in the current constitution of socioeconomic rights law that undermine its effectiveness for challenging austerity measures. By contrast, the structural limitations of socioeconomic rights law are those that pertain to the more basic presuppositions and axioms that provide the foundations for legal rights discourse. We address these limitations and conclude by arguing that it is possible to harness the strengths of socioeconomic rights discourse while mitigating its shortcomings. A key element in moving beyond these shortcomings is the development of an understanding of such rights as just one component in a portfolio of counterhegemonic discourses that can be mobilized to challenge neoliberalism and austerity.

Keywords: socioeconomic rights, neoliberalism, austerity, IFIs, IMF, progressive realisation, retrogression, transnational, extraterritoriality, ICESCR, Greece

Suggested Citation

Wills, Joe and Warwick, Ben T.C., Contesting Austerity: The Potential and Pitfalls of Socioeconomic Rights Discourse (2016). Indiana Journal of Global Legal Studies, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2786893

Joe Wills

Leicester Law School ( email )

University Road
Leicester LE1 7RH, LE1 7RH
United Kingdom

Ben T.C. Warwick (Contact Author)

Birmingham Law School, University of Birmingham, UK ( email )

Birmingham B15 2TT
United Kingdom

Paper statistics

Downloads
108
Rank
208,506
Abstract Views
391