State Accountability Under International Law PDF Download
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Author: Lisa Yarwood
Publisher: Routledge
ISBN: 1136871160
Category : Education
Languages : en
Pages : 199
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Book Description
State Accountability under International Law sets forth a definition of State accountability as the antithesis of State impunity, and establishes a threshold against which the existence, or not, of State accountability can be determined. The book draws together the many academic theories relating to accountability that have arisen in various areas of international law including environmental law, human rights and trade law before going on to examine an emerging practice of State accountability. A variety of ad hoc attempts and informal mechanisms are assessed against the threshold of State accountability established with emphasis being given to practical examples ranging from the accountability of Germany and Japan after World War Two to the current attempts to prevent impunity by Sudan and Zimbabwe. The book also addresses the relationship between State accountability and the emerging practice of international humanitarian intervention to consider whether intervention could be used for the purpose of holding States accountable for a breach of jus cogens norms.
Author: Lisa Yarwood
Publisher: Routledge
ISBN: 1136871160
Category : Education
Languages : en
Pages : 199
Get Book Here
Book Description
State Accountability under International Law sets forth a definition of State accountability as the antithesis of State impunity, and establishes a threshold against which the existence, or not, of State accountability can be determined. The book draws together the many academic theories relating to accountability that have arisen in various areas of international law including environmental law, human rights and trade law before going on to examine an emerging practice of State accountability. A variety of ad hoc attempts and informal mechanisms are assessed against the threshold of State accountability established with emphasis being given to practical examples ranging from the accountability of Germany and Japan after World War Two to the current attempts to prevent impunity by Sudan and Zimbabwe. The book also addresses the relationship between State accountability and the emerging practice of international humanitarian intervention to consider whether intervention could be used for the purpose of holding States accountable for a breach of jus cogens norms.
Author: Shane Darcy
Publisher: BRILL
ISBN: 9047431286
Category : Law
Languages : en
Pages : 424
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Book Description
Collective Responsibility and Accountability under International Law examines the extent to which the basic principle of individual responsibility accommodates liability for the acts of others. It examines the debates and legal developments surrounding collective responsibility under international law. The philosophical debates on collective responsibility provide an introduction to the examination of whether collective responsibility is ever appropriate or even lawful under international law. As the international criminal justice project begins to flourish, it is of paramount importance that the extent of the potential liability of individuals for the acts of others is clarified and held up to rigorous scrutiny. It is of equal importance that there is a clear understanding of whether the means of responding to ongoing violations of international humanitarian law can include measures based on collective responsibility. Global events have created an impetus for the parameters of responsibility to be clearly defined. The rise of non-State actors within the international legal regime raises complex questions surrounding their status, power and the means for holding them accountable. Published under the Transnational Publishers imprint.
Author: Margaretha Wewerinke-Singh
Publisher: Bloomsbury Publishing
ISBN: 1509918450
Category : Law
Languages : en
Pages : 204
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Book Description
The last decade has witnessed an increasing focus on the relationship between climate change and human rights. Several international human rights bodies have expressed concern about the negative implications of climate change for the enjoyment of human rights, and the Paris Agreement is the first multilateral climate agreement to refer explicitly to states' human rights obligations in connection with climate change. Yet despite this, there are still significant gaps in our understanding of the role of international human rights law in enhancing accountability for climate action or inaction. As the Paris Agreement has shifted the focus of the climate change regime towards voluntary action, and the humanitarian impacts of climate change are increasingly being felt around the world, accountability for climate change has become an increasingly salient issue. This book offers a timely and comprehensive analysis of the legal issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime. It explains when and where state action relating to climate change may amount to a violation of human rights, and evaluates various avenues of legal redress available to victims. The overall analysis offers a perceptive insight into the potential of innovative rights-based climate actions to shape climate and energy policies around the world.
Author: Steven R. Ratner
Publisher: Oxford University Press
ISBN: 0199546665
Category : History
Languages : en
Pages : 534
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Book Description
This book explores the promise and limitations of international criminal law as a means of enforcing international human rights and humanitarian law. It analyses the principal crimes, such as genocide and crimes against humanity, and appraises the mechanisms developed to bring individuals to justice.
Author: Katja Creutz
Publisher: Cambridge University Press
ISBN: 1108788696
Category : Law
Languages : en
Pages : 379
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Book Description
State responsibility in international law is considered one of the cornerstones of the field. For a long time it remained the exclusive responsibility system due to the primacy of States as subjects of international law. Its unique position has nonetheless been challenged by several developments both within and outside the international legal order, such as the rise of alternative responsibility ideas and practices, as well as globalization and its consequences. This book adopts a critical and holistic approach to the law of State responsibility and analyzes the functionality of the general rules of State responsibility in a changed international landscape characterized by the fragmentation of responsibility. It is argued that State responsibility is not equally relevant across the broad spectrum of international obligations, and that alternative constructions of responsibility, namely international criminal law and international liability, have increased in standing.
Author: Vincent-Joël Proulx
Publisher:
ISBN: 9781472566195
Category : Electronic books
Languages : en
Pages : 346
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Book Description
Every State has an obligation to prevent terrorist attacks emanating from its territory. This study addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments' counterterrorism duties and to enhance State accountability for preventable wrongs.
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: Menno T. Kamminga
Publisher: University of Pennsylvania Press
ISBN: 9780812231762
Category : Law
Languages : en
Pages : 246
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Book Description
2 The United Nations
Author: Elisa Morgera
Publisher: Oxford University Press
ISBN: 0191057940
Category : Law
Languages : en
Pages : 370
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Book Description
This fully updated second edition of Corporate Accountability in International Environmental Law examines systematically all international sources of corporate accountability standards with specific reference to environmental protection, and elaborates on their theoretical and practical implications for international environmental law. The book argues that although international environmental law does not bind multinational corporations and other business entities, growing practice points to the emergence and consolidation of international legal standards. These standards allow adapting and translating inter-State obligations embodied in international environmental law into specific normative benchmarks to determine the legitimacy of the conduct of the private sector against internationally recognized values and rules. The role of international organizations who, in the absence of State intervention, identify and promote the application of selected international environmental standards is analyzed in depth. This analysis demonstrates how these international organizations are a driving force in establishing and operationalizing international standards for corporate environmental accountability. The new edition includes a recent assessment of the Rio+20 Summit, analysis of the UN Framework on Business and Human Rights, and the 2012 Performance Standards. It contains a discussion on the role of 'fair and equitable benefit-sharing' under the Convention on Biological Diversity and international human rights law, and analysis of the monitoring practice of the UN Special Rapporteur on Indigenous Peoples' Rights. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.
Author: James Gallen
Publisher: Routledge
ISBN: 0429662963
Category : Law
Languages : en
Pages : 267
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Book Description
This book addresses how law and public policy cause or exacerbate vulnerability in individuals and groups. Bringing together scholars, judges and practitioners, it identifies how individuals and groups can become vulnerabilised through the operation of law, and examines how the State can acknowledge and remedy that impact. The book offers not only a theoretical, ethical and normative conception of vulnerability in law, but also an evaluation of the diverse practices of responding to vulnerability in law through accountability mechanisms and public campaigns. The analysis of vulnerability contained in this volume is enhanced by the common use of Ireland as a case study. Despite the robust rights protections available at national, regional and international level, Ireland remains a State where at risk people have experienced vulnerability across a range of thematic areas, such as criminal law, migration and asylum, historical abuse, LGBTI rights and austerity. Drawing on comparative analyses and a consideration of the role of international law in domestic settings, this book offers a comparison of diverse national and transnational attempts to ensure State accountability and responsiveness to legally created vulnerabilities. The book demonstrates lessons learned from theory and practice regarding how vulnerability can be experienced by individuals and groups, structured by law and addressed through legal and political action. This book will be of considerable interest to socio-legal and "law and society" scholars, as well as others working in international human rights, jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.
