Reining In Non State Actors

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Reining In Non State Actors

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Author : Berglind Halldorsdottir Birkland
language : en
Publisher:
Release Date : 2014

Reining In Non State Actors written by Berglind Halldorsdottir Birkland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.

In 2007, the International Court of Justice defined the scope of state responsibility under the Genocide Convention for the very first time when it reached the merits in the Genocide Case, a case arising from the violent breakup of the former Yugoslavia. The opinion immediately spurred extensive academic commentary, much of which was critical of the Court's ultimate holding that Serbia had not committed genocide despite its well-documented role in the Srebrenica massacre. While the Genocide Case can be read as a disappointment, and the Court's analysis is vulnerable to normative critique, this Note argues that it was nonetheless an important victory in the movement toward greater state accountability for genocide, especially considering the context in which the Court acts and the limitations imposed on its independence by the practical need for legitimacy. Although the Court raised onerous evidentiary hurdles for establishing state responsibility for the direct commission of genocide, it managed simultaneously to impose upon states a clear duty to rein in non-state actors over whom they exercise influence by interpreting the state obligation to prevent genocide broadly. This broad duty to rein in non-state actors has important implications not only for the Court's own jurisprudence but also extrajudiciously within the customary framework of state responsibility, by empowering the general international community to enforce states' obligations to curb genocidal actors within their reach.

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.

Reining In The Imperial Presidency

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Author : United States. Congress. House. Committee on the Judiciary. Majority Staff
language : en
Publisher: DIANE Publishing
Release Date : 2009

Reining In The Imperial Presidency written by United States. Congress. House. Committee on the Judiciary. Majority Staff and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Political Science categories.

Documents the various abuses that occurred during the Bush Admin. relating to the House Judiciary Committee¿s review and jurisdiction, and to develop a comprehensive set of recommendations to prevent the recurrence of these or similar abuses in the future. Contents: Preface: ¿Deconstructing the Imperial Presidency,¿ which describes and critiques the key war power memos that gave rise to the concept of broad-based, unreviewable, and secret presidential powers in time of war. Also describes specific abuses of the Imperial Presidency relating to Judiciary Comm. inquiries. Includes a comprehensive set of 47 policy recommendations designed to respond to the abuses and excesses of the Bush Imperial Presidency.

Routledge Handbook Of International Law

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Author : David Armstrong
language : en
Publisher: Routledge
Release Date : 2009-01-13

Routledge Handbook Of International Law written by David Armstrong and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-13 with Law categories.

This Handbook provides a definitive global survey of the interaction of international politics and international law.

The Law And Practice Of The International Criminal Court

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Author : Carsten Stahn
language : en
Publisher: OUP Oxford
Release Date : 2015-05-28

The Law And Practice Of The International Criminal Court written by Carsten Stahn and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-28 with Law categories.

Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.

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.

Designing Emergency Management

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Author : Wee-Kiat Lim
language : en
Publisher: Routledge
Release Date : 2020-11-23

Designing Emergency Management written by Wee-Kiat Lim and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-23 with Business & Economics categories.

This book looks at the then-nascent emergency management sector in China, specifically from 2003-2012, that arose from the 2003 SARS crisis and subsequently set the stage for its responses to the COVID-19 pandemic. Covering not only the amended and new laws and regulations at the national level, the book also includes the rearrangement and creation of the organizational structures, as well as the response plans for individual emergencies that were either recrafted or produced during this period. Beyond chronicling the milestones and products of this transformation, this book highlights key ideas and ideals that guided the various stakeholders, from the governing elites to the policy experts in this process. The book demonstrates how definitions of emergency management and emergency categories, as well as other ideational objects were initially either absent or weakly developed, but were refined and to the extent that they helped corral disparate actors into the new organizational field of emergency management.

The Duty Of The Shipmaster To Render Assistance At Sea Under International Law

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Author : Felicity G. Attard
language : en
Publisher: BRILL
Release Date : 2020-08-25

The Duty Of The Shipmaster To Render Assistance At Sea Under International Law written by Felicity G. Attard and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-25 with Law categories.

This study examines the shipmaster’s duty to render assistance at sea under international law. This duty is assessed in the light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. The approach undertaken gives special emphasis to the shipmaster’s responsibilities in rescue operations, and his role in the fulfilment of States’ international obligations in the rendering of assistance.

The Milo Evi Trial

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Author : Timothy William Waters
language : en
Publisher: Oxford University Press
Release Date : 2015

The Milo Evi Trial written by Timothy William Waters 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 2015 with Biography & Autobiography categories.

The international trial of Slobodan Milosevic, who presided over the violent collapse of Yugoslavia - was already among the longest war crimes trials when Milosevic died in 2006. Yet precisely because it ended without judgment, its significance and legacy are specially contested. The contributors to this volume, including trial participants, area specialists, and international law scholars bring a variety of perspectives as they examine the meaning of the trial's termination and its implications for post-conflict justice. The book's approach is intensively cross-disciplinary, weighing the implications for law, politics, and society that modern war crimes trials create.

Restorative Justice Reconciliation And Peacebuilding

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Author : Jennifer J. Llewellyn
language : en
Publisher: Oxford University Press, USA
Release Date : 2014

Restorative Justice Reconciliation And Peacebuilding written by Jennifer J. Llewellyn and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.

This book develops the twin concepts of restorative justice and reconciliation as frameworks for peacebuilding that contain great potential for addressing common dilemmas: peace versus justice, religious versus secular approaches, individual versus structural justice, reconciliation versus retribution, and the harmonization of the sheer multiplicity of practices involved in repairing past harms