Human Rights Obligations Of Non State Actors
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Human Rights Obligations Of Non State Actors
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Author : Andrew Clapham
language : en
Publisher: OUP Oxford
Release Date : 2006-03-02
Human Rights Obligations Of Non State Actors written by Andrew Clapham and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-02 with Political Science categories.
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 Human Rights Law Beyond State Territorial Control
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Author : Antal Berkes
language : en
Publisher: Cambridge University Press
Release Date : 2021-06-17
International Human Rights Law Beyond State Territorial Control written by Antal Berkes 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 2021-06-17 with Law categories.
An analysis of international human rights law's applicability and effectiveness in geographic areas where the State has lost territorial control.
Human Rights Obligations Of Non State Armed Groups
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Author : Daragh Murray
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-05-05
Human Rights Obligations Of Non State Armed Groups written by Daragh Murray and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-05 with Law categories.
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.
Human Rights Obligations Of Non State Armed Groups
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Author : Daragh Murray
language : en
Publisher:
Release Date : 2016
Human Rights Obligations Of Non State Armed Groups written by Daragh Murray and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with International criminal law categories.
Introduction -- International legal personality -- Determining the criteria necessary to satisfy the capacity requirement associated with international legal personality -- Establishing a legal basis for the application of international law to armed groups -- The de facto control theory and the international regulation of armed groups in the absence of directly applicable international treaty law -- The application of international human rights law to armed groups -- The gradated application of international human rights law obligations -- Prosecution, detention, and satisfaction of the right to health by armed groups -- Conclusion
Non State Actors And Human Rights
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Author : Philip Alston
language : en
Publisher: Collected Courses of the Acade
Release Date : 2005
Non State Actors And Human Rights written by Philip Alston and has been published by Collected Courses of the Acade this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Language Arts & Disciplines categories.
The 'not-a-cat' syndrome : can the international human rights regime accommodate non-state actors? / Philip Alston -- The changing international legal framework for dealing with non-state actors / August Reinisch -- The evolving status of NGOs under international law : a threat to the inter-state system? / Menno T. Kamminga -- Economic, social, and cultural human rights and the International Monetary Fund / François Gianviti -- Catching the conscience of the king : corporate players on the international stage / Celia Wells and Juanita Elias -- Corporate responsibility and the international law of human rights : the new Lex Mercatoria / Ralph G. Steinhardt -- The accountability of multinationals for human rights violations in European law / Olivier de Schutter -- Human rights responsibilities of business as non-state actors / David Weissbrodt and Muria Kruger.
Human Rights Obligations Of Armed Non State Actors In Non International Armed Conflicts
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Author : Nadarajah Pushparajah
language : en
Publisher: Wolf Legal Publishers
Release Date : 2016
Human Rights Obligations Of Armed Non State Actors In Non International Armed Conflicts written by Nadarajah Pushparajah and has been published by Wolf Legal Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
This book explores the human rights obligations of armed non-state actors in non-international armed conflicts. This book seriously challenges the State-centric view of human rights by breaking the traditional perception of international human rights regime that applies only to State actors. It shows the necessity in considering the capacity of de facto regimes of armed non-state actors to incur human rights obligations in order to protect individuals and groups, and regulate their daily lives in the controlled areas of these armed non-state actors. Further, this book proves the capacity of armed non-state actors for violating human rights, as well as bearing human rights obligations in non-international armed conflicts. The degree of human rights obligations of armed non-state actors, especially regarding civil and political rights, as well as obligations towards some vulnerable groups, has been confirmed in this book. Nevertheless, it is very difficult to impose human rights obligations on armed nonstate actors without relying on other international norms, such as international humanitarian law and international criminal law in non-international armed conflicts, since these bodies of law give more detailed provisions to regulate the specific issue. In addition, the success of the fulfilment of obligations in international norms by armed non-state actors mostly depends on their capacity, willingness and intentions, including the ideology of a specific group. [Subject: Human Rights Law]
Direct International Human Rights Obligations Of Non State Actors
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Author : Nicolás Carrillo-Santarelli
language : en
Publisher: Wolf Legal Publishers
Release Date : 2017
Direct International Human Rights Obligations Of Non State Actors written by Nicolás Carrillo-Santarelli and has been published by Wolf Legal Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Humanitarian law categories.
Addressing the reality that non-state actors do violate human rights in practice, which cannot be overlooked, author Nicolas Carrillo-Santarelli argues that the foundations and main principles of international human rights law call for the regulation of direct non-state obligations and responsibilities, given the potential failure of domestic actions and the limits of voluntary strategies. In part I, the author presents his ideas on why non-state abuses should be regarded as human rights violations and wrongful acts. Part II studies why direct protection from non-state violations is possible, and what legal mechanisms and institutions permit to make it effective. The final Chapter turns to the examination of the mechanisms that can be used to respond to or prevent non-state violations of human rights law. This book is based on the idea that the protagonists of human rights law are individuals, who deserve protection from all abusers, be they States, armed groups, international organizations, or other actors. Revised Dissertation. [Subject: Human Rights Law, International Law]
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.
Armed Non State Actors In International Humanitarian And Human Rights Law
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Author : Dr Konstantinos Mastorodimos
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2016-01-28
Armed Non State Actors In International Humanitarian And Human Rights Law written by Dr Konstantinos Mastorodimos 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 2016-01-28 with Law categories.
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 And Non State Actors
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Author : Andrew Clapham
language : en
Publisher:
Release Date : 2013
Human Rights And Non State Actors written by Andrew Clapham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Human rights categories.
The question of whether non-state actors have human rights obligations is ultimately dependent on what we mean when we speak of human rights and what entities we consider to be non-state actors. Focusing the debate, this important collection presents an essential set of contributions which address these questions. An original introduction provides the context for the selection of papers that, first offer a general overview, and then a focus on the roles and impact of national legal orders, international organizations, corporations and rebel groups. This volume is essential reading for anyone interested in the fast-moving developments related to the ways human rights law now applies to non-state actors.