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Author : Antônio Augusto Cançado Trindade
Publisher :
ISBN 13 : 9780199288465
Total Pages : 0 pages
Book Rating : 4.2/5 (884 download)
Download or read book Collected Courses of the Academy of European Law written by Antônio Augusto Cançado Trindade and published by . This book was released on 1991 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Daragh Murray
Publisher : Bloomsbury Publishing
ISBN 13 : 1509901655
Total Pages : 368 pages
Book Rating : 4.5/5 (99 download)
Download or read book Human Rights Obligations of Non-State Armed Groups written by Daragh Murray and published by Bloomsbury Publishing. This book was released on 2016-05-05 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation. The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity. Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group. ''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.'' Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.
Author : Lee James McConnell
Publisher : Routledge
ISBN 13 : 1317220560
Total Pages : 339 pages
Book Rating : 4.3/5 (172 download)
Download or read book Extracting Accountability from Non-State Actors in International Law written by Lee James McConnell and published by Routledge. This book was released on 2016-11-10 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power. This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. The operations of these entities highlight the practical flaws of existing accountability regimes and permit an exploration of the theoretical challenges that preclude their direct legal regulation at the international level. Drawing insights from discursive democracy, compliance theories and the Pure Theory of Law, the book establishes a conceptual foundation for the creation of binding international obligations addressing non-State actors. Responding to the recent calls for a binding business and human rights treaty at the UN Human Rights Council, and the growing influence of armed non-State actors, the book makes a timely contribution to debates surrounding the direction of future developments in the field of international human rights law.
Author : James Summers
Publisher : BRILL
ISBN 13 : 9004340254
Total Pages : 523 pages
Book Rating : 4.0/5 (43 download)
Download or read book Non-State Actors and International Obligations written by James Summers and published by BRILL. This book was released on 2018-10-02 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-State Actors and International Obligations examines the contribution and relevance of non-state actors in the creation and implementation of international obligations. These actors have traditionally been marginalised within international law and ambiguities remain over their precise role. Nonetheless, they have become increasingly important in legal regimes as participants in their implementation and enforcement, and as potential holders of duties themselves. Chapters from academics and practitioners investigate different aspects of this relationship, including the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility and legal accountability.
Author : Noemi Gal-Or
Publisher : Hotei Publishing
ISBN 13 : 9004293639
Total Pages : 405 pages
Book Rating : 4.0/5 (42 download)
Download or read book Responsibilities of the Non-State Actor in Armed Conflict and the Market Place written by Noemi Gal-Or and published by Hotei Publishing. This book was released on 2015-05-12 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central question of this pioneer work on the responsibility of non-state actors (NSAs) and the consequences thereof, is: To whom are such actors, in particular armed opposition groups and business corporations, accountable for their actions in armed conflict and in peace times? Does responsibility in international law apply to these NSAs qua groups? While much has been written about NSAs’ rights and participation in the global theatre as well as the responsibility of the state and international organisations for wrongful acts by NSAs, scant attention has been paid to questions of NSA organizational responsibility, in spite of their potential to wreak international havoc. This volume offers innovative insights into this unexplored territory by analyzing responsibility questions from both theoretical and empirical perspectives.
Author : Maria Monnheimer
Publisher : Cambridge University Press
ISBN 13 : 1108899307
Total Pages : 353 pages
Book Rating : 4.1/5 (88 download)
Download or read book Due Diligence Obligations in International Human Rights Law written by Maria Monnheimer and published by Cambridge University Press. This book was released on 2021-02-18 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the importance of non-State actors ever increasing, the traditional State-centric approach of international law is being put to the test. In particular, significant accountability lacunae have emerged in the field of human rights protection. To address these challenges, this book makes a case for extraterritorial due diligence obligations of States in international human rights law. It traces back how due diligence obligations evolved on the international plane and develops a general analytical framework making the broad and vague notion of due diligence more approachable. The framework is applied to different fields of international law which provides guidance on how due diligence obligations can be better conceptualized. Drawing inspiration from these developments, the book analyses how extraterritorial human rights due diligence obligations could operate in practice and foster global human rights protection.
Author : Dr Konstantinos Mastorodimos
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472456181
Total Pages : 465 pages
Book Rating : 4.4/5 (724 download)
Download or read book Armed Non-State Actors in International Humanitarian and Human Rights Law written by Dr Konstantinos Mastorodimos and published by Ashgate Publishing, Ltd.. This book was released on 2016-01-28 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.
Author : Antal Berkes
Publisher : Cambridge University Press
ISBN 13 : 1108840620
Total Pages : 389 pages
Book Rating : 4.1/5 (88 download)
Download or read book International Human Rights Law Beyond State Territorial Control written by Antal Berkes and published by Cambridge University Press. This book was released on 2021-06-17 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of international human rights law's applicability and effectiveness in geographic areas where the State has lost territorial control.
Author : Nicolás Carrillo-Santarelli
Publisher : Wolf Legal Publishers
ISBN 13 : 9789462403888
Total Pages : 454 pages
Book Rating : 4.4/5 (38 download)
Download or read book Direct International Human Rights Obligations of Non-state Actors written by Nicolás Carrillo-Santarelli and published by Wolf Legal Publishers. This book was released on 2017 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing the reality that non-state actors do violate human rights in practice, which cannot be overlooked, author Nicolas Carrillo-Santarelli argues that the foundations and main principles of international human rights law call for the regulation of direct non-state obligations and responsibilities, given the potential failure of domestic actions and the limits of voluntary strategies. In part I, the author presents his ideas on why non-state abuses should be regarded as human rights violations and wrongful acts. Part II studies why direct protection from non-state violations is possible, and what legal mechanisms and institutions permit to make it effective. The final Chapter turns to the examination of the mechanisms that can be used to respond to or prevent non-state violations of human rights law. This book is based on the idea that the protagonists of human rights law are individuals, who deserve protection from all abusers, be they States, armed groups, international organizations, or other actors. Revised Dissertation. [Subject: Human Rights Law, International Law]
Author : Anne Peters
Publisher : Cambridge University Press
ISBN 13 : 1107164303
Total Pages : 645 pages
Book Rating : 4.1/5 (71 download)
Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Author : Math Noortmann
Publisher : Bloomsbury Publishing
ISBN 13 : 1509901868
Total Pages : 593 pages
Book Rating : 4.5/5 (99 download)
Download or read book Non-State Actors in International Law written by Math Noortmann and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role and position of non-state actors in international law is the subject of a long-standing and intensive scholarly debate. This book explores the participation of this new category of actors in an international legal system that has historically been dominated by states. It explores the most important issues, actors and theoretical approaches with respect to these new participants in international law. It provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives. Relevant non-state actors discussed in this volume include, in particular, international governmental organisations, international non-governmental organisations, multinational companies, investors and armed opposition groups. Their legal position is considered in relation to specific issue-areas, such as humanitarian law, human rights, the use of force and international responsibility. The main legal theories on non-state actors' position in international law – neo-positivism, the policy-oriented approach and transnational law – are covered at the beginning of the book, and the essential political science perspectives – on non-state actors' role in international politics and globalisation, as well as their soft power – are presented at the end.
Author : David Jason Karp
Publisher : Cambridge University Press
ISBN 13 : 1107037883
Total Pages : 217 pages
Book Rating : 4.1/5 (7 download)
Download or read book Responsibility for Human Rights written by David Jason Karp and published by Cambridge University Press. This book was released on 2014-03-27 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original analysis of which global actors are responsible for human rights in today's world and why.
Author : Andrew Clapham
Publisher :
ISBN 13 : 9781781004029
Total Pages : 0 pages
Book Rating : 4.0/5 (4 download)
Download or read book Human Rights and Non-state Actors written by Andrew Clapham and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of whether non-state actors have human rights obligations is ultimately dependent on what we mean when we speak of human rights and what entities we consider to be non-state actors. Focusing the debate, this important collection presents an essential set of contributions which address these questions. An original introduction provides the context for the selection of papers that, first offer a general overview, and then a focus on the roles and impact of national legal orders, international organizations, corporations and rebel groups. This volume is essential reading for anyone interested in the fast-moving developments related to the ways human rights law now applies to non-state actors.
Author : Ezequiel Heffes
Publisher : T.M.C. Asser Press
ISBN 13 : 9789462653412
Total Pages : 451 pages
Book Rating : 4.6/5 (534 download)
Download or read book International Humanitarian Law and Non-State Actors written by Ezequiel Heffes and published by T.M.C. Asser Press. This book was released on 2021-01-06 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict. With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes. The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law. Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.
Author : Liesbeth Zegveld
Publisher : Cambridge University Press
ISBN 13 : 113943795X
Total Pages : 294 pages
Book Rating : 4.1/5 (394 download)
Download or read book Accountability of Armed Opposition Groups in International Law written by Liesbeth Zegveld and published by Cambridge University Press. This book was released on 2002-07-25 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who is accountable under international law for the acts committed by armed opposition groups? In today's world the majority of political conflicts involve non-state actors attempting to exert political influence (such as overthrowing a government or bringing about secession). Notwithstanding their impact on the course of events, however, we often know little about these groups, and even less about how to treat their actions legally. In this award-winning scholarship, Liesbeth Zegveld examines the need to legally identify the parties involved when internal conflicts arise, and the reality of their demands for rights. Her study draws upon international humanitarian law, human rights law and international criminal law to consider a fundamental question: who is accountable for the acts committed by non-state actors, or for the failure to prevent or repress these acts? This study will be of interest to academics, postgraduate students and professionals involved with armed conflict and international relations.
Author : Banu Baybars Hawks
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527512371
Total Pages : 232 pages
Book Rating : 4.5/5 (275 download)
Download or read book Non-State Actors in Conflicts written by Banu Baybars Hawks and published by Cambridge Scholars Publishing. This book was released on 2018-06-11 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-State Actors in Conflicts: Conspiracies, Myths, and Practices explores some of the most pressing topics in political science and media studies. The contributions gathered here provide alternative perspectives on various non-state actors and their functions in global politics, in addition to providing case studies and theoretical approaches towards non-state actors, such as armed non-state actors and international non-governmental organizations. The volume also covers the topic of conspiracy theories and conspiracies formed in relation to the functions and existence of these actors.
Author : Surya Deva
Publisher : Cambridge University Press
ISBN 13 : 1107036879
Total Pages : 451 pages
Book Rating : 4.1/5 (7 download)
Download or read book Human Rights Obligations of Business written by Surya Deva and published by Cambridge University Press. This book was released on 2013-11-21 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.
