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Regulating social welfare systems in International Law: A comparative analysis of legal challenges across diverse frameworks

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  • Abazi Xhuana

    (Universitety of Shkodra, Albania)

Abstract

This manuscript aims to discuss the issue of the regulation of social welfare systems and examine the legal issues arising from the provision of international law. However, according to Lorenzi (2013), this article analyses and looks at the specific legal barriers preventing welfare state development and access to welfare benefits in developed countries such as Sweden and the United States, as well as developing nations such as Brazil. Some of the highlighted issues consist of funding, equity, and the controversies concerning sovereignty and international responsibilities. For example, Sweden, which possesses one of the most developed welfare systems, experiences problems with financing its numerous programs; India similarly has the problem of exclusion and frail legal protection of the minority and vulnerable population. Also, the article discusses how the independence and structure of national welfare states and the key international legal documents, including the Universal Declaration of Human Rights, adopted in 1948 and the International Covenant on Economic, Social and Cultural Rights (ICESCR) ratified in 1966, affected the development of these systems. Thus, it can be concluded that this manuscript explains that the welfare policies are very important in the field of national policies of various states, though more harmony with the standards of international law is necessary to eliminate these problems. Consequently, social protection systems, especially in developing countries, need enhanced cooperation as well as more sophisticated legal support.

Suggested Citation

  • Abazi Xhuana, 2025. "Regulating social welfare systems in International Law: A comparative analysis of legal challenges across diverse frameworks," Academic Journal of Business, Administration, Law and Social Sciences, Sciendo, vol. 11(2), pages 57-67.
  • Handle: RePEc:vrs:ajbals:v:11:y:2025:i:2:p:57-67:n:1007
    DOI: 10.2478/ajbals-2025-0017
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    References listed on IDEAS

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    1. Lake, David A. & Martin, Lisa L. & Risse, Thomas, 2021. "Challenges to the Liberal Order: Reflections on International Organization," International Organization, Cambridge University Press, vol. 75(2), pages 225-257, February.
    2. Alan J. Dettlaff & Reiko Boyd, 2020. "Racial Disproportionality and Disparities in the Child Welfare System: Why Do They Exist, and What Can Be Done to Address Them?," The ANNALS of the American Academy of Political and Social Science, , vol. 692(1), pages 253-274, November.
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