Non State Actors In International Law
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Non State Actor Dynamics In International Law
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Author : Cedric Ryngaert
language : en
Publisher: Routledge
Release Date : 2016-05-06
Non State Actor Dynamics In International Law written by Cedric Ryngaert and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-06 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.
Non State Actors In International Law
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Author : Math Noortmann
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-08-27
Non State Actors In International Law written by Math Noortmann and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-27 with Law categories.
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 Actors In International Law
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Author : Math Noortmann
language : en
Publisher:
Release Date : 2015
Non State Actors In International Law written by Math Noortmann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Non-governmental organizations categories.
"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.
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 In International Relations
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Author : Bas Arts
language : en
Publisher: Ashgate Publishing
Release Date : 2001
Non State Actors In International Relations written by Bas Arts and has been published by Ashgate Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with History categories.
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.
Participants In The International Legal System
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Author : Jean d'Aspremont
language : en
Publisher: Taylor & Francis
Release Date : 2011-04-20
Participants In The International Legal System written by Jean d'Aspremont and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-20 with Law categories.
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.
Non State Actors In International Law
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Author :
language : en
Publisher:
Release Date : 200?
Non State Actors In International Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 200? with categories.
Non State Actors And International Law
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Author : Andrea Bianchi
language : en
Publisher: Routledge
Release Date : 2017-03-02
Non State Actors And International Law written by Andrea Bianchi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
The expression 'non-state actors' has become part and parcel of the common parlance of international lawyers. Together with the traditional subjects of international law, such as states and international organizations, non-state actors play an important role in international law-making, law-adjudication and law-enforcement processes. Although the subjects/actors discourse takes place in a variety of contexts, most of the time the relevant narrative merely describes how different actors participate in the legal process in any given area. Little attention has been drawn to the theoretical discourse about non-state actors and its relation to the doctrine of the subjects of international law. Whether the solution lies in 'relativizing' the subjects or rather in 'subjectivizing' the actors remains open to doubt. The constant swing of the pendulum from the normative to the descriptive mesmerizes the observer but hardly hides the struggle for determining who may legitimately and authoritatively perform legally relevant acts on the international scene.
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 Agreements Between Non State Actors As A Source Of International Law
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Author : Melissa Loja
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-09-22
International Agreements Between Non State Actors As A Source Of International Law written by Melissa Loja and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-22 with Law categories.
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.