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State Responsibility For Non State Actors
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Book Synopsis Human Rights Obligations of Non-State Actors by : Andrew Clapham
Download or read book Human Rights Obligations of Non-State Actors written by Andrew Clapham and published by OUP Oxford. This book was released on 2006-03-02 with total page 2518 pages. Available in PDF, EPUB and Kindle. Book excerpt: The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some, extending human rights into these spheres trivializes human rights and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy. While neither concept can unravel the dilemmas involved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.
Author :International Law Association. British Branch. Annual Spring Conference Publisher : ISBN 13 :9789004340237 Total Pages :0 pages Book Rating :4.3/5 (42 download)
Book Synopsis Non-state Actors and International Obligations by : International Law Association. British Branch. Annual Spring Conference
Download or read book Non-state Actors and International Obligations written by International Law Association. British Branch. Annual Spring Conference and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection studies the contribution of non-state actors to international obligations. Chapters by academics and practitioners address the role that these actors play in the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility and legal accountability.
Book Synopsis State Responsibility for Non-state Actors by : Richard Mackenzie-Gray Scott
Download or read book State Responsibility for Non-state Actors written by Richard Mackenzie-Gray Scott and published by . This book was released on 2022 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This monograph examines the international law applicable when determining state responsibility for non-state actor conduct. Covering all rules, both on direct and indirect, it shows why this distinction is significant from a practical and conceptual perspective. It challenges received wisdom regarding customary international law and the application of certain rules in practice. By showing and scrutinising the laws that govern state responsibility for non-state actors, it provides a comprehensive picture of what this law is, what it could be, and what it should be. Not limiting its approach to a purely doctrinal one, it also draws on comparative, empirical and theoretical methodologies to show how the law might be better developed to address future challenges."--
Book Synopsis Non-State Actors in International Law by : Math Noortmann
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 424 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.
Book Synopsis Permutations of Responsibility in International Law by :
Download or read book Permutations of Responsibility in International Law written by and published by BRILL. This book was released on 2019-02-11 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Permutations of Responsibility in International Law the contributors offer an account of the variety of manifestations of responsibility in international law tackled from the angle of its nature, the actors involved and the different regimes in which it may emerge.
Book Synopsis State Responsibility for Non-State Actors by : Richard Mackenzie-Gray Scott
Download or read book State Responsibility for Non-State Actors written by Richard Mackenzie-Gray Scott and published by Bloomsbury Publishing. This book was released on 2022-09-08 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-state actors and the applicable international law on responsibility -- Non-state actors that exercise governmental authority -- Attribution based on perceived state control over non-state actors -- State responsibility for previous conduct as a non-state actor -- Conduct of non-state actors that is acknowledged and adopted by states -- State complicity in the wrongdoing of non-state actors -- Due diligence failings of states that contribute to the wrongdoing of non-state actors -- New tests for new futures.
Book Synopsis Responsibilities of the Non-State Actor in Armed Conflict and the Market Place by : Noemi Gal-Or
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 2015-05-07 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: To whom are armed opposition groups and business corporations accountable for their actions in armed conflict and in peace times? Are they responsible as a group? This pioneer book offers innovative theoretical and empirical analyses to these questions.
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 Taylor & Francis. This book was released on 2016-11-10 with total page 276 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.
Book Synopsis The Law of International Responsibility by : James Crawford
Download or read book The Law of International Responsibility written by James Crawford and published by Oxford University Press. This book was released on 2010-05-20 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.
Book Synopsis Non-State Actor Dynamics in International Law by : Cedric Ryngaert
Download or read book Non-State Actor Dynamics in International Law written by Cedric Ryngaert and published by Routledge. This book was released on 2016-05-06 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-state actors have always been treated with ambivalence in the works of international law. While their empirical existence is widely acknowledged and their impact and influence uncontested, non-state actors are still not in the centre of international legal research. The idea that non-state actors are not law-makers, however, stands in sharp contrast with the growing notion of non-state actors as law-takers. This book examines the position of non-state actors in international law as law-makers and law-takers and questions whether these different positions can or should be separated from each other. Each contribution reveals both the political and normative aspects of the question as well as the positivistic possibilities and constraints to accommodate non-state actors as law-takers and law-makers in the contemporary international legal system. Altogether, each expert reveals that the position of non-state actors in international law is not a fixed one but changes with the functional and theoretical perspectives of the observer. Non-State Actor Dynamics in International Law is a welcomed addition to an under researched field of legal study. An indispensable read to scholars and policy makers wishing to gain new insights into general discourse on non-state actors in international law and the process of norm formation in the international realm.
Book Synopsis Self-Defence against Non-State Actors by : Mary Ellen O'Connell
Download or read book Self-Defence against Non-State Actors written by Mary Ellen O'Connell and published by Cambridge University Press. This book was released on 2019-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a multi-perspective study of the international law on self-defence against non-State actors.
Book Synopsis International Humanitarian Law and Non-State Actors by : Ezequiel Heffes
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.
Book Synopsis Participants in the International Legal System by : Jean d'Aspremont
Download or read book Participants in the International Legal System written by Jean d'Aspremont and published by Taylor & Francis. This book was released on 2011-04-20 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are now playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law. This collection features contributions by renowned scholars, each of whom focuses on a particular theory or tradition of international law, a region, an institutional regime or a particular subject-matter, and considers how that perspective impacts on our understanding of the role and status of non-State actors. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental in the perception of non-State actors. In doing so the volume provides a wide panorama of all the contemporary legal issues arising in connection with the growing role of non-state actors in international-law making and international law-enforcement processes.
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.
Book Synopsis International Human Rights Law Beyond State Territorial Control by : Antal Berkes
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.
Book Synopsis Human Rights Obligations of Non-State Armed Groups by : Daragh Murray
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 346 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.
Book Synopsis Changing Actors in International Law by : Karen Nadine Scott
Download or read book Changing Actors in International Law written by Karen Nadine Scott and published by Developments in International. This book was released on 2020-11-05 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The 15 essays in this book began as papers presented at the Seventh Four Societies Conference hosted at Waseda University, Tokyo, in June 2018, by the Japanese Society of International Law (JSIL). The 'Four Societies' conferences are a collaborative initiative of the American Society of International Law (asil), the Australian New Zealand Society of International Law (ANZSIL), the Canadian Council on International Law (CCIL) and JSIL. The biannual conferences, which began in 2006, provide an opportunity for emerging scholars to foster a collaborative network around a common theme"--
