State Responsibility, Climate Change and Human Rights under International Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509918450
Total Pages : 214 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis State Responsibility, Climate Change and Human Rights under International Law by : Margaretha Wewerinke-Singh

Download or read book State Responsibility, Climate Change and Human Rights under International Law written by Margaretha Wewerinke-Singh and published by Bloomsbury Publishing. This book was released on 2019-03-21 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last decade has witnessed an increasing focus on the relationship between climate change and human rights. Several international human rights bodies have expressed concern about the negative implications of climate change for the enjoyment of human rights, and the Paris Agreement is the first multilateral climate agreement to refer explicitly to states' human rights obligations in connection with climate change. Yet despite this, there are still significant gaps in our understanding of the role of international human rights law in enhancing accountability for climate action or inaction. As the Paris Agreement has shifted the focus of the climate change regime towards voluntary action, and the humanitarian impacts of climate change are increasingly being felt around the world, accountability for climate change has become an increasingly salient issue. This book offers a timely and comprehensive analysis of the legal issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime. It explains when and where state action relating to climate change may amount to a violation of human rights, and evaluates various avenues of legal redress available to victims. The overall analysis offers a perceptive insight into the potential of innovative rights-based climate actions to shape climate and energy policies around the world.

Extracting Accountability from Non-State Actors in International Law

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Publisher : Routledge
ISBN 13 : 1317220560
Total Pages : 339 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Extracting Accountability from Non-State Actors in International Law by : Lee James McConnell

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.

State Responsibility in the International Legal Order

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Publisher : Cambridge University Press
ISBN 13 : 1108788696
Total Pages : 379 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis State Responsibility in the International Legal Order by : Katja Creutz

Download or read book State Responsibility in the International Legal Order written by Katja Creutz and published by Cambridge University Press. This book was released on 2020-09-24 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: State responsibility in international law is considered one of the cornerstones of the field. For a long time it remained the exclusive responsibility system due to the primacy of States as subjects of international law. Its unique position has nonetheless been challenged by several developments both within and outside the international legal order, such as the rise of alternative responsibility ideas and practices, as well as globalization and its consequences. This book adopts a critical and holistic approach to the law of State responsibility and analyzes the functionality of the general rules of State responsibility in a changed international landscape characterized by the fragmentation of responsibility. It is argued that State responsibility is not equally relevant across the broad spectrum of international obligations, and that alternative constructions of responsibility, namely international criminal law and international liability, have increased in standing.

Collective Responsibility and Accountability under International Law

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Publisher : BRILL
ISBN 13 : 9047431286
Total Pages : 424 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Collective Responsibility and Accountability under International Law by : Shane Darcy

Download or read book Collective Responsibility and Accountability under International Law written by Shane Darcy and published by BRILL. This book was released on 2007-03-30 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective Responsibility and Accountability under International Law examines the extent to which the basic principle of individual responsibility accommodates liability for the acts of others. It examines the debates and legal developments surrounding collective responsibility under international law. The philosophical debates on collective responsibility provide an introduction to the examination of whether collective responsibility is ever appropriate or even lawful under international law. As the international criminal justice project begins to flourish, it is of paramount importance that the extent of the potential liability of individuals for the acts of others is clarified and held up to rigorous scrutiny. It is of equal importance that there is a clear understanding of whether the means of responding to ongoing violations of international humanitarian law can include measures based on collective responsibility. Global events have created an impetus for the parameters of responsibility to be clearly defined. The rise of non-State actors within the international legal regime raises complex questions surrounding their status, power and the means for holding them accountable. Published under the Transnational Publishers imprint.

Accountability for Human Rights Atrocities in International Law

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Publisher : Oxford University Press
ISBN 13 : 0199546665
Total Pages : 534 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Accountability for Human Rights Atrocities in International Law by : Steven R. Ratner

Download or read book Accountability for Human Rights Atrocities in International Law written by Steven R. Ratner and published by Oxford University Press. This book was released on 2009 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. It analyses the principal crimes, such as genocide and crimes against humanity, and appraises the mechanisms developed to bring individuals to justice.

Corporate Environmental Accountability in International Law

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Publisher : Oxford University Press
ISBN 13 : 0198738048
Total Pages : 353 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Corporate Environmental Accountability in International Law by : Elisa Morgera

Download or read book Corporate Environmental Accountability in International Law written by Elisa Morgera and published by Oxford University Press. This book was released on 2020 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book explores the evolving role of international law in directing and controlling the conduct of business enterprises, in particular multinational corporations, with respect to the protection of the environment, the sustainable use of natural resources, and the respect of inter-related human rights. It assesses the progress and continuing limitations in the identification of international standards of corporate environmental accountability and responsibility, and their implementation by international organizations. This assessment shows the extent to which the international community has conceptually and operationally clarified its expectations about acceptable corporate conduct. This second edition of Elisa Morgera's book reflects the intensified convergence of international standard-setting efforts on corporate environmental accountability, with parallel international developments on business and human rights and the environment. It also explores the recent emergence of substantive international standards of corporate environmental responsibility, which have arisen from a growing number of sectoral guidelines. Equally, it points to the remaining divergences in the content of international standards of corporate environmental accountability and responsibility, which reflect differing views among States of their international obligations to ensure the protection of the environment and the respect of human rights.?--Provided by publisher.

Accountability for Violations of International Humanitarian Law

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Publisher : Routledge
ISBN 13 : 1317669797
Total Pages : 344 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Accountability for Violations of International Humanitarian Law by : Jadranka Petrovic

Download or read book Accountability for Violations of International Humanitarian Law written by Jadranka Petrovic and published by Routledge. This book was released on 2015-06-26 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: International criminal adjudication, together with the prosecution and appropriate punishment of offenders at a national level, remains the most effective means of enforcing International Humanitarian Law. This book considers the various issues emanating from present-day breaches of norms of International Humanitarian Law (IHL) and the question of how impunity for such breaches can be tackled. Honouring the work of Timothy McCormack, Professor of International Law at the University of Melbourne and a world renowned expert on IHL and International Criminal Law, contributors of the book explore the interplay between the rules governing accountability for violations of IHL and other areas of law that impact the prosecution of war crimes, including international criminal law, human rights law, arms control law, constitutional law and national criminal law. In providing a contemporary consideration of the various issues emerging from present-day breaches of norms of IHL, especially in light of growing interest in ‘fragmentation’ and ‘normative pluralism’, this book will be of great use and interest to students and researchers in public international law, international law, and conflict studies.

Problems and Process

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Publisher : Oxford University Press
ISBN 13 : 9780198764106
Total Pages : 312 pages
Book Rating : 4.7/5 (641 download)

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Book Synopsis Problems and Process by : Rosalyn Higgins

Download or read book Problems and Process written by Rosalyn Higgins and published by Oxford University Press. This book was released on 1995-08-24 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text offers an original and scholarly introduction to a number of key topics which lie at the heart of modern international law. Based upon the author's highly acclaimed Hague Academy lectures, the book introduces the student to a series of pressing problems which help reveal the complex relationship between legal norms and policy objectives which define contemporary international law.

State Accountability under International Law

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Publisher : Routledge
ISBN 13 : 1136871152
Total Pages : 330 pages
Book Rating : 4.1/5 (368 download)

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Book Synopsis State Accountability under International Law by : Lisa Yarwood

Download or read book State Accountability under International Law written by Lisa Yarwood and published by Routledge. This book was released on 2010-11-24 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the extent to which States are held accountable for breaches of jus cogens norms under international law. The concept of State accountability is distinguished from the doctrine of State responsibility and refers to an ad hoc practice in international relations that seeks to ensure States do not escape with impunity when they violate norms that are considered fundamental to the interests of the international community as a whole. State Accountability under International Law sets forth a definition of State accountability and establishes a threshold against which the existence, or not, of State accountability can be determined. Using a Foucauldian influenced interpretive methodology, this book adopts a novel construction of State accountability as having legal, political and even moral characteristics. It argues that the international community seeks to hold States accountable utilising a variety of traditional and non-traditional responses that cumulatively recognise that the institutions that comprise and legitimise the State were instrumental in the particular breach. Using case studies taken from State practice from throughout the twentieth century and covering a range of geographic contexts, the conclusion is that there is evidence that State accountability, as it is conceptualised here, is evolving into a legal principle. The book draws together the many academic theories relating to accountability that have arisen in various areas of international law including environmental law, human rights and trade law before going on to examine an emerging practice of State accountability. A variety of ad hoc attempts and informal mechanisms are assessed against the threshold of State accountability established, with emphasis being given to practical examples ranging from the accountability of Germany and Japan after World War Two to the current attempts to seek accountability from Russia for former crimes of the USSR.

The Accountability of Armed Groups under Human Rights Law

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Publisher : Oxford University Press
ISBN 13 : 0192536060
Total Pages : 465 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Accountability of Armed Groups under Human Rights Law by : Katharine Fortin

Download or read book The Accountability of Armed Groups under Human Rights Law written by Katharine Fortin and published by Oxford University Press. This book was released on 2017-08-11 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today the majority of the armed conflicts around the world are fought between States and armed groups, rather than between States. This changed conflict landscape creates an imperative to clarify the obligations of armed groups under international law. While it is generally accepted that armed groups are bound by international humanitarian law, the question of whether they are also bound by human rights law is controversial. This book brings significant new understanding to the question of whether and when armed groups might be bound by human rights law. Its conclusions will benefit international law academics, legal practitioners, and political scientists and anthropologists working on issues related to rebel governance and civil wars. This book addresses the debate on this topic by employing a theoretical, historical, and comparative analysis that spans international humanitarian law, international criminal law, and international human rights law. Embedding these different perspectives in public international law, this book brings several key points of clarification to the legal framework. Firstly, the book draws upon social science literature on armed conflict to present a new viewpoint on the role that human rights law plays vis-à-vis international humanitarian law in non-international armed conflicts. Secondly, the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. It brings illumination to these topics by combining historical and comparative research on belligerency, insurgency, and international humanitarian law with a theoretical analysis of legal personality under international law. In the final part of the book, the author tests the four most utilised theories of how armed groups are bound by human rights law, examining whether armed groups can be bound by virtue of (i) treaty law (ii) control of territory (iii) international criminal law and (iv) customary international law. In the book's conclusions, the author presents final remarks that are designed to provide concrete guidance on how the issue of armed groups and human rights law can be dealt with more thoroughly in practice.

State Accountability for Space Debris

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Publisher : BRILL
ISBN 13 : 9004314083
Total Pages : 552 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis State Accountability for Space Debris by : Peter Stubbe

Download or read book State Accountability for Space Debris written by Peter Stubbe and published by BRILL. This book was released on 2017-11-13 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: In State Accountability for Space Debris Peter Stubbe examines the legal consequences of space debris pollution which, he argues, is a global environmental concern. The study finds that the customary ‘no harm’ rule and Article IX of the Outer Space Treaty obligate States to prevent the generation of debris and that the international community as a whole has a legitimate interest in their compliance. A breach of these obligations entails the responsibility of a State and compensation must be provided for damage caused by space debris. The author treats responsibility and liability separately and thoroughly scrutinizes both legal regimes with the help of common analytical elements. Finally, Peter Stubbe argues that a comprehensive traffic management system is required so as to ensure the safe and sustainable use of outer space.

Responsibility of International Organizations

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004256083
Total Pages : 515 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Responsibility of International Organizations by : Maurizio Ragazzi

Download or read book Responsibility of International Organizations written by Maurizio Ragazzi and published by Martinus Nijhoff Publishers. This book was released on 2013-07-04 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: In December 2011, the United Nations General Assembly adopted the International Law Commission's articles on the responsibility of international organizations, bringing to conclusion not only nearly ten years of reflection by the Commission, governments and organizations on this specific topic, but also decades of study of the wider subject of international responsibility, which had initially focused on State responsibility. Parallel to this reflection by the Commission, diplomats and public officials, the body of international case-law and literature on the many facets of the topic has steadily been growing. Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie contributes to the body of international literature by collecting a broad spectrum of different and sometimes differing perspectives from well-known experts in the field, ranging from the bench to the Commission, academia, and the world of in-house counsel. The book is also a memorial to the renowned Sir Ian Brownlie, himself a former Chairman of the International Law Commission who, as a leading scholar and practitioner, greatly contributed to the reflection on international responsibility, including the responsibility of international organizations. Edited by Maurizio Ragazzi, a former pupil of Sir Ian, the book is an ideal companion to International Responsibility Today, a collection of essays on international responsibility which the same editor presented in 2005 in memory of Oscar Schachter, and to which Sir Ian Brownlie had contributed. The essays collected in Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, conveniently grouped by the editor under broad areas for the reader's benefit, will be relevant not only to all those interested in this specific subject but also, more generally, to all those engaged in the field of international law and the law of international organizations.

Accountability of Armed Opposition Groups in International Law

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Publisher : Cambridge University Press
ISBN 13 : 113943795X
Total Pages : 294 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Accountability of Armed Opposition Groups in International Law by : Liesbeth Zegveld

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.

The International Law of Responsibility for Economic Crimes

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Publisher : Routledge
ISBN 13 : 1317027221
Total Pages : 424 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The International Law of Responsibility for Economic Crimes by : Ndiva Kofele-Kale

Download or read book The International Law of Responsibility for Economic Crimes written by Ndiva Kofele-Kale and published by Routledge. This book was released on 2016-03-03 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the problem of indigenous spoliation in developing countries, this work explores the controversial issue of spoliation by national officials of the wealth of the states of which they are custodians. Due to constraints of the state system and the lack of appropriate substantive municipal law, efforts to punish those responsible for the economic rape of entire nations and to recover spoliated funds have been frustrated and rendered insubstantial. Taking a multidisciplinary approach and on the basis of data generated from empirical, cross-national research, this study makes the case for indigenous spoliation as a violation of international law. Substantially revised and updated to take account of recent legal and political developments, the second edition will be a valuable resource for academics, practitioners, NGOs, and policymakers.

Accountability, International Business Operations and the Law

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Publisher : Routledge
ISBN 13 : 1351127144
Total Pages : 315 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Accountability, International Business Operations and the Law by : Liesbeth Enneking

Download or read book Accountability, International Business Operations and the Law written by Liesbeth Enneking and published by Routledge. This book was released on 2019-12-05 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: A consensus has emerged that corporations have societal and environmental responsibilities when operating transnationally. However, how exactly corporations can be held legally accountable for their transgressions, if at all, is less clear. This volume inquires how regulatory tools stemming from international law, public law, and private law may or may not be used for transnational corporate accountability purposes. Attention is devoted to applicable standards of liability, institutional and jurisdictional issues, and practical challenges, with a focus on ways to improve the existing legal status quo. In addition, there is consideration of the extent to which non-legal regulatory instruments may complement or provide more viable alternatives to these legal mechanisms. The book combines legaldoctrinal approaches with comparative, interdisciplinary, and policy insights with the dual aim of furthering the legal scholarly debate on these issues and enabling higher quality decision-making by policymakers seeking to implement regulatory measures that enhance corporate accountability in this context. Through its study of contemporary developments in legislation and case law, it provides a timely and important contribution to the scholarly and sociopolitical debate in the fastevolving field of international corporate social responsibility and accountability.

State Responsibility for Support of Armed Groups in the Commission of International Crimes

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Publisher :
ISBN 13 : 9789004408432
Total Pages : 0 pages
Book Rating : 4.4/5 (84 download)

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Book Synopsis State Responsibility for Support of Armed Groups in the Commission of International Crimes by : Narissa Kashvi Ramsundar

Download or read book State Responsibility for Support of Armed Groups in the Commission of International Crimes written by Narissa Kashvi Ramsundar and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: State Responsibility for the Support of Armed Groups in the Commission of International Crimes makes a case for the liberalisation of the tests of attribution of conduct of individuals to states under the rules of state responsibility in international law.

Accountability and the Law

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Publisher : Routledge
ISBN 13 : 1000424677
Total Pages : 225 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Accountability and the Law by : Piotr Mikuli

Download or read book Accountability and the Law written by Piotr Mikuli and published by Routledge. This book was released on 2021-08-12 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses contemporary accountability and transparency mechanisms by presenting a selection of case studies. The authors deal with various problems connected to controlling public institutions and incumbents’ responsibility in state bodies. The work is divided into three parts. Part I: Law examines the institutional and objective approach. Part II: Fairness and Rights considers the subject approach, referring to a recipient of rights. Part III: Authority looks at the functional approach, referring to the executors of law. Providing insights into increasing understanding of various concepts, principles, and institutions characteristic of the modern state, the book makes a valuable contribution to the area of comparative constitutional change. It will be a valuable resource for academics, researchers, and policy-makers working in the areas of constitutional law and politics.