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Author: Antônio Augusto Cançado Trindade
Publisher:
ISBN: 9780199288465
Category :
Languages : en
Pages : 0
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Book Description
Author: Antônio Augusto Cançado Trindade
Publisher:
ISBN: 9780199288465
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
Author: Andrew Clapham
Publisher:
ISBN: 9781781004029
Category : Human rights
Languages : en
Pages : 0
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Book Description
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.
Author: Philip Alston
Publisher: Oxford University Press, USA
ISBN:
Category : Business & Economics
Languages : en
Pages : 408
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Book Description
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? Does that body of law apply to private security contractors who use torture to achieve their goals? Does the right to freedom of speech apply in a private shopping mall which has become the modern-day town centre? Under traditional approaches to human rights, non-State actors are beyond the direct reach of international human rights law. They 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. The result is that entities including Non-Governmental Organizations, international organizations such as the UN and the IMF, private security contractors, and transnational corporations, along with many others, are generally considered not to be bound directly by human rights law. This situation threatens to make a mockery of much of the international system of accountability for human rights violations. As privatization, outsourcing, and downsizing place ever more public or governmental functions into the hands of private actors, the human rights regime must adapt if it is to maintain its relevance. 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.
Author: George J. Andreopoulos
Publisher: Kumarian Press
ISBN: 1565492137
Category : Globalization
Languages : en
Pages : 385
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Book Description
* Examines broad range of non-state actors engaged in activities that violate, promote, or protect human rights * Looks at human rights issues in bioethics, armed conflicts, labor, and welfare reform Despite the widespread acceptance of human rights at the normative level, actual progress toward the realization of human rights globally has been far from satisfactory. Concerned with human rights outcomes, this book departs from analyses that focus on the role of the state in human rights promotion and urges the study of the entire human rights universe. Transcending as well the literature on the role of NGOs, the book examines a broad range of non-state actors engaged in various activities that violate, promote or protect human rights. Contributing authors examine several important issues, such as bioethics, armed conflicts, and welfare reform, while stressing the need for accountability and mechanisms for curbing human rights violations. Other Contributors: Michael Goodhart, Herbert F. Spirer, Louise Spirer, Rainer Braun, Judy Gearhart, James L. Gunderson, J. Paul Martin, Richard Falk, Ruth Macklin, Alice Page, Anne Nelson, Thomas R. Lansner, Kevin Bales, Dana-Ain Davis, and Willy Fautre.
Author: James Summers
Publisher: BRILL
ISBN: 9004340254
Category : Law
Languages : en
Pages : 523
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Book Description
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.
Author: David Jason Karp
Publisher: Cambridge University Press
ISBN: 1107037883
Category : Business & Economics
Languages : en
Pages : 217
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Book Description
An original analysis of which global actors are responsible for human rights in today's world and why.
Author: Daragh Murray
Publisher: Bloomsbury Publishing
ISBN: 1509901655
Category : Law
Languages : en
Pages : 368
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Book Description
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.
Author: Banu Baybars Hawks
Publisher: Cambridge Scholars Publishing
ISBN: 1527512371
Category : Social Science
Languages : en
Pages : 232
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Book Description
Non-State Actors in Conflicts: Conspiracies, Myths, and Practices explores some of the most pressing topics in political science and media studies. The contributions gathered here provide alternative perspectives on various non-state actors and their functions in global politics, in addition to providing case studies and theoretical approaches towards non-state actors, such as armed non-state actors and international non-governmental organizations. The volume also covers the topic of conspiracy theories and conspiracies formed in relation to the functions and existence of these actors.
Author: Lee James McConnell
Publisher: Routledge
ISBN: 1317220560
Category : Law
Languages : en
Pages : 339
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Book Description
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.
Author: Noam Lubell
Publisher: OUP Oxford
ISBN: 0191029734
Category : Law
Languages : en
Pages : 311
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Book Description
This book analyses the primary relevant rules of international law applicable to extra-territorial use of force by states against non-state actors. Force in this context takes many forms, ranging from targeted killings and abductions of individuals to large-scale military operations amounting to armed conflict. Actions of this type have occurred in what has become known as the 'war on terror', but are not limited to this context. Three frameworks of international law are examined in detail. These are the United Nations Charter and framework of international law regulating the resort to force in the territory of other states; the law of armed conflict, often referred to as international humanitarian law; and the law enforcement framework found in international human rights law. The book examines the applicability of these frameworks to extra-territorial forcible measures against non-state actors, and analyses the difficulties and challenges presented by application of the rules to these measures. The issues covered include, among others: the possibility of self-defence against non-state actors, including anticipatory self-defence; the lawfulness of measures which do not conform to the parameters of self-defence; the classification of extra-territorial force against non-state actors as armed conflict; the 'war on terror' as an armed conflict; the laws of armed conflict regulating force against groups and individuals; the extra-territorial applicability of international human rights law; and the regulation of forcible measures under human rights law. Many of these issues are the subject of ongoing and longstanding debate. The focus in this work is on the particular challenges raised by extra-territorial force against non-state actors and the book offers a number of solutions to these challenges.
