Extracting Accountability From Non State Actors In International Law
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Extracting Accountability From Non State Actors In International Law
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Author : Lee James McConnell
language : en
Publisher: Taylor & Francis
Release Date : 2016-11-10
Extracting Accountability From Non State Actors In International Law written by Lee James McConnell and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-10 with Law categories.
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.
Non State Actors And International Obligations
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Author : James Summers
language : en
Publisher: BRILL
Release Date : 2018-10-02
Non State Actors And International Obligations written by James Summers and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-02 with Law categories.
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.
State Owned Entities And Human Rights
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Author : Mihaela Maria Barnes
language : en
Publisher: Cambridge University Press
Release Date : 2021-12-02
State Owned Entities And Human Rights written by Mihaela Maria Barnes and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-02 with Law categories.
Examines the fundamental role played by international law in the regulation of State-owned entities from a human rights perspective.
Due Diligence Obligations In International Human Rights Law
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Author : Maria Monnheimer
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-18
Due Diligence Obligations In International Human Rights Law written by Maria Monnheimer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-18 with Law categories.
An analytical framework of due diligence obligations to address the increasing prevalence of non-State human rights risks.
The Oxford Handbook Of The International Law Of Global Security
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Author : Robin Geiß
language : en
Publisher: Oxford University Press
Release Date : 2021-02-16
The Oxford Handbook Of The International Law Of Global Security written by Robin Geiß and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-16 with Law categories.
Understanding the global security environment and delivering the necessary governance responses is a central challenge of the 21st century. On a global scale, the central regulatory tool for such responses is public international law. But what is the state, role, and relevance of public international law in today's complex and highly dynamic global security environment? Which concepts of security are anchored in international law? How is the global security environment shaping international law, and how is international law in turn influencing other normative frameworks? The Oxford Handbook of the International Law of Global Security provides a ground-breaking overview of the relationship between international law and global security. It constitutes a comprehensive and systematic mapping of the various sub-fields of international law dealing with global security challenges, and offers authoritative guidance on key trends and debates around the relationship between public international law and global security governance. This Handbook highlights the central role of public international law in an effective global security architecture and, in doing so, addresses some of the most pressing legal and policy challenges of our time. The Handbook features original contributions by leading scholars and practitioners from a wide range of professional and disciplinary backgrounds, reflecting the fluidity of the concept of global security and the diversity of scholarship in this area.
Ending Childhood Obesity
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Author : Amandine Garde
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-12-25
Ending Childhood Obesity written by Amandine Garde and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-25 with Law categories.
Childhood obesity is one of the most pressing global public health challenges of the 21st century. In response, States need to employ a multisectoral approach including labelling rules, food marketing restrictions and fiscal policies. However, these legal measures interact in a complex fashion with international economic and human rights law raising a range of legal questions. This timely book edited by Garde, Curtis and De Schutter explores these questions offering insightful perspectives. Of fundamental interest to legal professionals and academics, Ending Childhood Obesity also makes the legal complexities accessible to a broad range of public health and other policy actors addressing obesity and related non-communicable diseases.
The Legitimacy Of Use Of Force In Public And Islamic International Law
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Author : Mohammad Z. Sabuj
language : en
Publisher: Springer Nature
Release Date : 2021-06-22
The Legitimacy Of Use Of Force In Public And Islamic International Law written by Mohammad Z. Sabuj and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-22 with Political Science categories.
This book investigates the legitimacy deficits of two potentially conflicting legal systems, namely Public and Islamic international law. It discusses the challenges that Public international law is being presented within the context of its relationship with Islamic international law. It explores how best to overcome these challenges through a comparative examination of state practices on the use of force. It highlights the legal-political legacies that evolved surrounding the claims of the legitimacy of use of force by armed non-state actors, states, and regional organizations. This book offers a critical analysis of these legacies in line with the Islamic Shari‘a law, United Nations Charter, state practices, and customs. It concludes that the legitimacy question has reached a vantage point where it cannot be answered either by Islamic or Public international law as a mutually exclusive legal system. Instead, Public international law must take a coherent approach within the existing legal framework.
Non State Actor Dynamics In International Law
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Author : Dr Math Noortmann
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-03-28
Non State Actor Dynamics In International Law written by Dr Math Noortmann and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-28 with Law categories.
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.
Transnational Terrorist Groups And International Criminal Law
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Author : Anna Marie Brennan
language : en
Publisher: Routledge
Release Date : 2018-07-27
Transnational Terrorist Groups And International Criminal Law written by Anna Marie Brennan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-27 with Law categories.
Attacks by network-based transnational terrorist groups cause on average 25,000 deaths every year worldwide, with the law enforcement agencies of some states facing many challenges in bringing those responsible to justice. Despite various attempts to codify the law on transnational terrorism since the 1930s, a crime of transnational terrorism under international law remains contested, reflecting concerns regarding the relative importance of prosecuting members of transnational terrorist groups before the International Criminal Court. This book critically examines the limits of international criminal law in bringing members of transnational terrorist groups to justice in the context of changing methods of warfare, drawing from human rights, sociology, and best practices in international criminal justice. Drawing on organisational network theory, Anna Marie Brennan explores the nature of international crimes and assesses the potential for the International Criminal Court to prosecute and investigate alleged crimes perpetrated by members of transnational terrorist groups, paying particular attention to their modus operandi and organisational structure. This book argues that because of the network-based organisational structure of some transnational terrorist groups, achieving justice for victims will prove challenging, in the context of the relationship between the commanders and the subordinate members of the group requiring a re-evaluation of accountability mechanisms at the international level. In advancing an innovative perspective on the accountability of members of transnational terrorist groups, and in offering solutions to current challenges, the book will be of great interest and use to academic, practitioners, and students engaged in the study of terrorism, the ICC, or international humanitarian law.
Exploring African Approaches To International Law Essays In Honour Of K Ba Mbaye
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Author : Frans Viljoen
language : en
Publisher: Pretoria University Law Press
Release Date : 2022-10-04
Exploring African Approaches To International Law Essays In Honour Of K Ba Mbaye written by Frans Viljoen and has been published by Pretoria University Law Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-04 with Law categories.
It is unfortunate that the idea that Africa contributes to international law, and has always done so, remains (in 2022) largely a side note, an auxiliary approach, rather than something widely accepted and deeply entrenched. It is cause for pause that this is also true in Africa itself. Exploring African approaches to international law: Essays in honour of Kéba Mbaye is a volume of essays that aims to contribute to a larger effort of imagining what possible approaches to international law Africa has adopted in the decades since the 1960s. It also recognises the legacy of the great Senegalese jurist Kéba Mbaye. Edited by Frans Viljoen, Humphrey Sipalla and Foluso Adegalu, the volume is divided into five broad thematic parts, and comprises eleven chapters. It covers the following themes: ‘Kéba Mbaye in African approaches to international law’, ‘international legal theory’, ‘international human rights law’, ‘international environmental and criminal law’ and ‘teaching of international law’. This publication finds its origins in the 2017 Roundtable on African approaches to international law, held at the Centre for Human Rights, University of Pretoria. The explorations at the Roundtable on the concept of an ‘African approach’ to international law were taken further at the Kéba Mbaye Conference on African approaches to international law, held at the Senate Hall, University of Pretoria, in December 2018. This conference brought together around 80 students, academics, and members of civil society to address the many questions left unanswered by the death of Judge Mbaye, arguably Africa’s greatest international law jurist of his generation. It provided a forum to continue discussions on ‘African approaches to international (human rights) law’, building on but rethinking and ‘vernacularising’ the Third World Approaches to International Law (TWAIL) approach. The contributions to this publication flow from papers presented at the conference. However, the reflections in the book extend beyond Kéba Mbaye as central figure. The result is a broad treatment of various aspects of African approaches to international law by thirteen authors (and co-authors), covering a wide range of generational, geographic and thematic backgrounds and perspectives.