Non State Actor Dynamics in International Law

Author: Cedric Ryngaert
Publisher: Routledge
ISBN: 1317086929
Format: PDF, Kindle
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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.

Participants in the International Legal System

Author: Jean d'Aspremont
Publisher: Taylor & Francis
ISBN: 1136724931
Format: PDF, Docs
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The book features contributions by renowned scholars each of whom looks at a region, theory or tradition of international law, and considers how that approach to international law has determined the understanding of the role and status of non-State actors within that particular school of thought. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental to that perception of non-State actors. In undertaking this study the book necessarily assess the current position of the State in the international legal order and examine the contemporary changes that have affected the State itself.

Non State Actors and International Law

Author: Andrea Bianchi
Publisher: Routledge
ISBN: 1351914383
Format: PDF, Mobi
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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.

Extracting Accountability from Non State Actors in International Law

Author: Lee James McConnell
Publisher: Taylor & Francis
ISBN: 1317220579
Format: PDF, Mobi
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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 Law

Author: Math Noortmann
Publisher: Hart Publishing
ISBN: 9781509917839
Format: PDF, Mobi
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Now available in paperback! 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: international governmental organizations; international non-governmental organizations; 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 globalization, as well as their soft power-are presented at the end. (Series: Studies in International Law, Vol. 55) [Subject: Public International Law]

Armed Non State Actors in International Humanitarian and Human Rights Law

Author: Dr Konstantinos Mastorodimos
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472456181
Format: PDF, ePub, Mobi
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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.

Non state actors and human rights

Author: Philip Alston
Publisher: Oxford University Press, USA
ISBN: 9780199272822
Format: PDF, ePub, Mobi
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Can transnational corporations ignore human rights as long as governments don't hold them accountable? If the UN is put in charge of a territory, is it bound by human rights law? Under traditional approaches to human rights, non-state actors cannot be parties to the relevant treaties and so they are only bound to the extent that obligations accepted by States can be applied to them by governments. This situation threatens to make a mockery of much of the international system of accountability for human rights violations. The contributors to this volume examine the different approaches that might be taken in order to ensure some degree of accountability. Making space in the legal regime to take account of the role of non-State actors is one of the biggest and most critical challenges facing international law today.

Non State Actor Dynamics in International Law

Author: Cedric Ryngaert
Publisher: Routledge
ISBN: 1317086929
Format: PDF, Kindle
Download Now
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.

Religious Actors and International Law

Author: Ioana Cismas
Publisher: Oxford University Press, USA
ISBN: 0198712820
Format: PDF, Kindle
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Religious actors are unique in international governance due to the theological context in which they operate. This book demonstrates that while their role and actions may be distinct, they rely on international law to add legitimacy to their actions, and are bound by international legal rules and norms in the same way as other actors.