Non State Actors In International Law

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Non-State Actors in International Law

Author : Math Noortmann
Publisher : Bloomsbury Publishing
ISBN 13 : 1509901868
Total Pages : 424 pages
Book Rating : 4.5/5 (99 download)

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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.

Non-State Actor Dynamics in International Law

Author : Cedric Ryngaert
Publisher : Routledge
ISBN 13 : 1317086929
Total Pages : 222 pages
Book Rating : 4.3/5 (17 download)

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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.

Non-state Actors and International Obligations

Author : International Law Association. British Branch. Annual Spring Conference
Publisher :
ISBN 13 : 9789004340237
Total Pages : 0 pages
Book Rating : 4.3/5 (42 download)

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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.

Detention by Non-State Armed Groups under International Law

Author : Ezequiel Heffes
Publisher : Cambridge University Press
ISBN 13 : 1108851592
Total Pages : 313 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Detention by Non-State Armed Groups under International Law by : Ezequiel Heffes

Download or read book Detention by Non-State Armed Groups under International Law written by Ezequiel Heffes and published by Cambridge University Press. This book was released on 2022-02-17 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the law applicable to detention conducted by non-State armed groups, together with their practices in conflict settings. Drawing on his personal experiences working with humanitarian organizations, Ezequiel Heffes explores how international law could be best employed to protect individuals.

Participants in the International Legal System

Author : Jean d'Aspremont
Publisher : Taylor & Francis
ISBN 13 : 1136724931
Total Pages : 496 pages
Book Rating : 4.1/5 (367 download)

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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.

Extracting Accountability from Non-State Actors in International Law

Author : Lee James McConnell
Publisher : Taylor & Francis
ISBN 13 : 1317220579
Total Pages : 276 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 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.

International Organisations, Non-State Actors and the Formation of Customary International Law

Author : Jean D'Aspremont
Publisher : Melland Schill Perspectives on
ISBN 13 : 9781526134158
Total Pages : 464 pages
Book Rating : 4.1/5 (341 download)

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Book Synopsis International Organisations, Non-State Actors and the Formation of Customary International Law by : Jean D'Aspremont

Download or read book International Organisations, Non-State Actors and the Formation of Customary International Law written by Jean D'Aspremont and published by Melland Schill Perspectives on. This book was released on 2020-12-07 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays provides a comprehensive study of the theory and practice on the contribution of international organisations and non-state actors to the formation of customary international law. It offers new practical and theoretical perspectives on one of the most complex questions about the making of international law, namely the possibility that actors other than states contribute to the making of customary international law. Notwithstanding the completion by the International Law Commission of its work on the identification of customary international law, the making of customary international law remains riddled with acute practical and theoretical controversies that continue to be intensively debated. Making extensive reference to the case-law of international law courts and tribunals while also engaging with the most recent scholarly work on customary international law, this new volume provides innovative tools and guidance to legal scholars, researcher in law, law students, lecturers in law, practitioners, legal advisers, judges, arbitrators, and counsels as well as tools to address contemporary questions of international law-making. This volume includes a contribution by Michael Wood, the Special Rapporteur of the International Law Commission on the identification of customary international law, a contribution by Iris Müller, legal advisor of the International Committee of the Red Cross, as well as chapters from some of the most authoritative and established experts on the sources of international law.

Self-Defence against Non-State Actors

Author : Mary Ellen O'Connell
Publisher : Cambridge University Press
ISBN 13 : 1107190746
Total Pages : 313 pages
Book Rating : 4.1/5 (71 download)

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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.

Armed Non-State Actors in International Humanitarian and Human Rights Law

Author : Dr Konstantinos Mastorodimos
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472456181
Total Pages : 316 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis Armed Non-State Actors in International Humanitarian and Human Rights Law by : Dr Konstantinos Mastorodimos

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 316 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.

Human Rights Obligations of Non-State Actors

Author : Andrew Clapham
Publisher : OUP Oxford
ISBN 13 : 0191018627
Total Pages : 2518 pages
Book Rating : 4.1/5 (91 download)

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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.

International Humanitarian Law and 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)

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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.

Changing Actors in International Law

Author : Karen Nadine Scott
Publisher : Developments in International
ISBN 13 : 9789004424142
Total Pages : 415 pages
Book Rating : 4.4/5 (241 download)

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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"--

Non-State Actors in the Protection of Cultural Heritage

Author : Jihon Kim
Publisher : Springer Nature
ISBN 13 : 9811666598
Total Pages : 203 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis Non-State Actors in the Protection of Cultural Heritage by : Jihon Kim

Download or read book Non-State Actors in the Protection of Cultural Heritage written by Jihon Kim and published by Springer Nature. This book was released on 2021-12-02 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive overview of international cultural heritage law from the perspectives of non-state actors (NSAs). In keeping with the significant developments concerning the status and roles of NSAs in international law over the last century, NSAs such as communities, experts, NGOs, and international organizations have become important participants in the implementation of international cultural heritage conventions. Indeed, due to the emergence of new ideas on common heritage and cultural rights in the 20th century, international cultural heritage law has become inconsistent with States’ claim to sole authority regarding the protection of cultural heritage. The author analyzes the texts of international cultural heritage conventions, as well as their operational texts, to track essential changes in the rights, obligations, and roles of NSAs since the mid-20th century. Practical cases on the status and roles of NSAs are introduced to glean empirical ideas and facilitate an in-depth understanding of their effectiveness. The analysis reveals that NSAs do have certain rights and responsibilities concerning the implementation of cultural heritage conventions, and their roles have been increasingly recognized. At the same time, however, discrepancies between text and practice can be observed when it comes to the status and roles of NSAs. They have emerged for various reasons, one of which is the politicization of conventions’ governance. Adopting the standpoint of the NSAs, the book emphasizes the need to explore innovative and practical mechanisms that will allow NSAs to attain their proper status and take on practical roles under international cultural heritage law, which will in turn ensure the sustainable protection of cultural heritage. This message becomes more pertinent to the current conflicts where various tensions between states and NSAs have arisen and the roles of NSAs have become more important.Given its scope, the book will be of special interest to students, researchers and professionals at government and non-government organizations in the fields of heritage, the arts, law, administration, and development.

Non-state Actors in International Law

Author : Math Noortmann
Publisher :
ISBN 13 : 9781474202916
Total Pages : 406 pages
Book Rating : 4.2/5 (29 download)

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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 . This book was released on 2015 with total page 406 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."--Résumé de l'éditeur.

Power, Interdependence, and Nonstate Actors in World Politics

Author : Helen V. Milner
Publisher : Princeton University Press
ISBN 13 : 1400830788
Total Pages : 315 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Power, Interdependence, and Nonstate Actors in World Politics by : Helen V. Milner

Download or read book Power, Interdependence, and Nonstate Actors in World Politics written by Helen V. Milner and published by Princeton University Press. This book was released on 2009-04-20 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since they were pioneered in the 1970s by Robert Keohane and others, the broad range of neoliberal institutionalist theories of international relations have grown in importance. In an increasingly globalized world, the realist and neorealist focus on states, military power, conflict, and anarchy has more and more given way to a recognition of the importance of nonstate actors, nonmilitary forms of power, interdependence, international institutions, and cooperation. Drawing together a group of leading international relations theorists, this book explores the frontiers of new research on the role of such forces in world politics. The topics explored in these chapters include the uneven role of peacekeepers in civil wars, the success of human rights treaties in promoting women's rights, the disproportionate power of developing countries in international environmental policy negotiations, and the prospects for Asian regional cooperation. While all of the chapters demonstrate the empirical and theoretical vitality of liberal and institutionalist theories, they also highlight weaknesses that should drive future research and influence the reform of foreign policy and international organizations. In addition to the editors, the contributors are Vinod Aggarawal, Jonathan Aronson, Elizabeth DeSombre, Page Fortna, Michael Gilligan, Lisa Martin, Timothy McKeown, Ronald Mitchell, Layna Mosley, Beth Simmons, Randall Stone, and Ann Tickner.

International Agreements between Non-State Actors as a Source of International Law

Author : Melissa Loja
Publisher : Bloomsbury Publishing
ISBN 13 : 1509951121
Total Pages : 241 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis International Agreements between Non-State Actors as a Source of International Law by : Melissa Loja

Download or read book International Agreements between Non-State Actors as a Source of International Law written by Melissa Loja and published by Bloomsbury Publishing. This book was released on 2022-09-22 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines whether international agreements between non-state actors can be identified as a source of international law using objective criteria. It asks whether, beyond Article 38 of the Statute of the International Court of Justice, there is a system of rules, processes, beliefs or semantics by which these agreements can be objectively identified as a source of international law. Departing from the more usual state-centric analysis, it adopts postmodern legal positivism as its analytical tool. This allows for the reality that international law-making takes place in subjective social landscapes. To test the effectiveness of this approach, it is applied to agreements between petroleum agencies and corporations which allow two or more states to exploit disputed resources across boundaries looking in particular at arrangements involving China, Vietnam and the Philippines. By so doing it illustrates an alternative way that states can manage disputes, without having to resort to conflict. It will appeal to both scholars and practitioners of public international law, as well as civil servants.

Non-state Actors in International Relations

Author : Bas Arts
Publisher : Ashgate Publishing
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Non-state Actors in International Relations by : Bas Arts

Download or read book Non-state Actors in International Relations written by Bas Arts and published by Ashgate Publishing. This book was released on 2001 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assessing the influence of non-governmental organizations on international and transnational politics, as well as examining the importance of non-state actors in a world of nation-states, this theoretically rich text also discusses approaches that deal with the interplay between domestic and international politics. Thorough and insightful, this text draws on perspectives and theories from political science, policy studies and international law.Using topical and original case studies which cover the fields of security, trade, social clauses, environment, development aid, civil rights and crime, this volume constitutes one of the first vigorous theoretical analyses of this important contemporary phenomenon.