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8 Law Democracy & Dev. vii (2004)

handle is hein.journals/laacydev8 and id is 1 raw text is: Editorial
The first six papers in this number of the Law, Democracy and Development
are a selection from papers presented at an inter-university colloquium
hosted by the Faculty of Law of the University of the Western Cape in
Cape Town on 13 to 15 August 2003. A further two selected papers will be
published in the next (2004(2)) issue of this Journal The colloquium, titled
The Aix-UWC Colloquium on the Regional Realisation of Socio-economic
Rights: A European and Southern African Perspective, represented the
culmination of a similarly named joint research project between two
teams of researchers from the Faculties of Law of the Universities of the
Western Cape (South Africa) and Paul Cezanne (France). The project
coordinators, who are also the editors of this issue, were Tobias van
Reenen (Western Cape) and Jean-Yves Ch&ot (Paul Cezanne).
The project coordinators wish to extend their sincere gratitude to the
South African National Research Foundation and the French Ministries of
Foreign Affairs, National Education and Higher Education and Research
for the funding of the project. The editors also wish to extend their sincere
appreciation and gratitude to the Mellon Foundation for the financial
assistance which enabled Tobias van Reenen to arrange free time from
lecturing duties in order to complete the editing of the manuscripts for this
number of the journal.
An introduction to the contents of the reports published in this special
issue can be organized around five main points.
Firstly the colloquium has accepted, without consultation nor true prior
harmonization on the part of the editors, a broad understanding of the
concept of fundamental social rights in relation to the contemporary
conception generally ascribed to these rights. Fundamental social rights
firstly include the rights of workers (social liberties), then rights linked to
the principle of non-discrimination in relation to sex, opinion, age, sexual
orientation, etc. and, finally social rights in a stricter sense, a right to
housing, a right to energy, the prohibition of child labour, rights to social
security and social welfare, health protection and other rights of this
nature. This broad conception of the notion of fundamental social rights
is explained by a new and emerging conception of social rights seen as
personal and justiciable in the same way as civil rights are.
Secondly a vast majority of the reports have presented the question of
protection of social rights in the context of economic globalization and the
development of free trade in the world. Globalisation and free trade create
new challenges for social rights; they call for a search for new methods of
regulation. The paradox lies in the fact that the protection of workers and
the regulation of services of general economic interest call for, in this
context, a genuine international response while States persist in demanding

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