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Author: Karen Nadine Scott
Publisher: Developments in International
ISBN: 9789004424142
Category : Law
Languages : en
Pages : 415
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Book Description
"The 15 essays in this book began as papers presented at the Seventh Four Societies Conference hosted at Waseda University, Tokyo, in June 2018, by the Japanese Society of International Law (JSIL). The 'Four Societies' conferences are a collaborative initiative of the American Society of International Law (asil), the Australian New Zealand Society of International Law (ANZSIL), the Canadian Council on International Law (CCIL) and JSIL. The biannual conferences, which began in 2006, provide an opportunity for emerging scholars to foster a collaborative network around a common theme"--
Author: Karen Nadine Scott
Publisher: Developments in International
ISBN: 9789004424142
Category : Law
Languages : en
Pages : 415
Get Book Here
Book Description
"The 15 essays in this book began as papers presented at the Seventh Four Societies Conference hosted at Waseda University, Tokyo, in June 2018, by the Japanese Society of International Law (JSIL). The 'Four Societies' conferences are a collaborative initiative of the American Society of International Law (asil), the Australian New Zealand Society of International Law (ANZSIL), the Canadian Council on International Law (CCIL) and JSIL. The biannual conferences, which began in 2006, provide an opportunity for emerging scholars to foster a collaborative network around a common theme"--
Author: Karen N. Scott
Publisher: BRILL
ISBN: 9004424156
Category : Law
Languages : en
Pages : 443
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Book Description
Changing Actors in International Law explores actors other than the ‘state’ in international law with a particular focus on under-researched actors or others that do not easily fit the category of a non-state actor (such as quasi-states, trans-government networks, Indigenous Peoples and self-determination claimant groups). It also examines less well studied aspects of otherwise well-researched actors such as individuals, corporations, NGOs and armed organised groups. In Part 1 of this book, authors examine the role and consequences of the participation of those actors in the process of international law creation. In Part 2, authors focus on the extent to which these actors can be held responsible under international law for its breach and their participation in traditional and non-traditional dispute resolution processes.
Author: Cedric Ryngaert
Publisher: Routledge
ISBN: 1317086929
Category : Law
Languages : en
Pages : 222
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Book Description
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.
Author: Kate Parlett
Publisher: Cambridge University Press
ISBN: 1139499971
Category : Law
Languages : en
Pages : 463
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Book Description
Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.
Author: Daniel D. Bradlow
Publisher: Brill Nijhoff
ISBN: 9789004382480
Category : International law
Languages : en
Pages : 0
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Book Description
Advocating Social Change through International Law explores the strategic use of hard and soft international law to advocate for social change in a variety of contexts, including for example human rights, international criminal prosecutions, environmental protection, public health, and financial regulation.
Author: Jean d'Aspremont
Publisher: Taylor & Francis
ISBN: 1136724931
Category : Law
Languages : en
Pages : 497
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Book Description
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.
Author: Marzia Scopelliti
Publisher: Routledge
ISBN: 1000387127
Category : Law
Languages : en
Pages : 125
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Book Description
Focusing on how to improve the participation of non-governmental actors in the making of international climate change laws, this book is a conversation on the relevance of a human rights-based approach to international climate change law-making. The book considers a possible reform of the United Nations Framework Convention on Climate Change institutional arrangement, inspired by the practice and model of participation of Arctic Indigenous Peoples in the Arctic Council. Different non-State entities play a fundamental role in the development and enforcement of the climate change regime by enhancing the knowledge base of decision-making, keeping States in line with their commitments, and engaging in private initiatives aimed at mitigating the impacts of global warming. Albeit non-governmental and subnational actors increasingly work alongside States in the making of a climate change regime, the category of observers through which they participate in intergovernmental negotiations only gives them limited rights and their participation in international norm-making has at times been impaired. The relevance of a human rights-based approach consists in recognising the status of individuals and groups as rights-holders under human rights law, a paradigm that was first established by Arctic Indigenous Peoples when claiming their participatory rights in the Arctic Council, the main forum of governance of the Arctic region. This book argues that, in the absence of a globally binding treaty regulating procedural rights in intergovernmental negotiations, the emerging relationship between human rights and climate change could serve as a legal basis for the enhancement of non-governmental actors’ procedural rights, establishing the right to participation as a right in itself and which can benefit the governance of climate change. Due to the relevance of the addressed subject, the book is destined to a broad readership and will be of use to academic researchers, law practitioners, policy-makers and non-governmental organisations’ representatives.
Author: Antonio Cassese
Publisher: Walter de Gruyter
ISBN: 3110892677
Category : Law
Languages : en
Pages : 225
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Book Description
Change and Stability in International Law-Making.
Author: Karen J. Alter
Publisher: Princeton University Press
ISBN: 1400848687
Category : Political Science
Languages : en
Pages : 477
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Book Description
A compelling new look at the role of today's international courts In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.
Author: Math Noortmann
Publisher: Bloomsbury Publishing
ISBN: 1509901868
Category : Law
Languages : en
Pages : 593
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Book Description
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.
