Extracting Accountability From Non State Actors In International Law
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Author | : Lee James McConnell |
Publisher | : Routledge |
Total Pages | : 339 |
Release | : 2016-11-10 |
Genre | : Law |
ISBN | : 1317220560 |
Download Extracting Accountability from Non-State Actors in International Law Book in PDF, Epub and Kindle
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 | : James Summers |
Publisher | : BRILL |
Total Pages | : 523 |
Release | : 2018-10-11 |
Genre | : Law |
ISBN | : 9004340254 |
Download Non-State Actors and International Obligations Book in PDF, Epub and Kindle
This collection studies the contribution of non-state actors to international obligations. Chapters by academics and practitioners address the role that these actors play in the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility and legal accountability.
Author | : Maxwel Miyawa |
Publisher | : |
Total Pages | : 38 |
Release | : 2018 |
Genre | : |
ISBN | : |
Download The Right to Development and Non-State Actors Book in PDF, Epub and Kindle
Mainstream legal scholarship has paid much attention to clarifying the meaning of the right to development by placing a great deal of scrutiny primarily on obligations of states to the neglect of non-state actors, as if states are the only integral players in the global economy necessary for realizing the right to development. This entrepreneurship steered clear of assessing viability of the right's founding vision of redressing institutional imbalances and unfairness of the global economic order. If the discourse took a global order reform trajectory, it would have injected thoughts on how accountability of international economic institutions and transnational corporations can be formulated in a way that bridges the disjuncture between human rights and economic globalization. This article argues that contemporary accountability practices underpinned by the state responsibility doctrine are ill-conceived and inadequate because they overplay the role of the state. Yet, the state is subordinated to the vested interests of unaccountable global capital which seed the global economy with numerous incidences of rights violations. Thus, the article recommends an expanded notion of accountability (answerability, responsibility, sanctions) detached from a state-centric conception of accountability, and which bears the potential of resolving the non-state actor accountability deficit in international law.
Author | : Richard Mackenzie-Gray Scott |
Publisher | : |
Total Pages | : |
Release | : 2020 |
Genre | : |
ISBN | : |
Download State Responsibility for Non-state Actors in International Law Book in PDF, Epub and Kindle
Author | : Robert P. Barnidge, Jr. |
Publisher | : T.M.C. Asser Press |
Total Pages | : 250 |
Release | : 2011-07-13 |
Genre | : Law |
ISBN | : 9789067044820 |
Download Non-State Actors and Terrorism Book in PDF, Epub and Kindle
In our post-11 September world, challenges to international peace and security emanate from non-State actors as never before. Under international law States have an obligation to act with due diligence in confronting non-State actors that engage in terrorism. The author of this book examines the grounds and mechanisms through which a State can bear responsibility for breaching its due diligence obligations in this regard. He explores the question whether a comprehensive definition of terrorism exists and reviews the development of the due diligence principle during the last century. After doing so, the author examines how the due diligence principle operates in the counter-terrorism context by analysing international and regional treaties and Security Council Resolutions. Theoretical issues that arise when interpreting the due diligence principle are also studied. The author concludes by critically engaging with the question whether national security should trump human rights in the fight against terrorism. This book fills a significant gap in the literature. It is principally designed for policy makers, academics, and students of international law.
Author | : Richard Mackenzie-Gray Scott |
Publisher | : |
Total Pages | : 352 |
Release | : 2022 |
Genre | : Conflict of laws |
ISBN | : 9781509951574 |
Download State Responsibility for Non-state Actors Book in PDF, Epub and Kindle
"This monograph examines the international law applicable when determining state responsibility for non-state actor conduct. Covering all rules, both on direct and indirect, it shows why this distinction is significant from a practical and conceptual perspective. It challenges received wisdom regarding customary international law and the application of certain rules in practice. By showing and scrutinising the laws that govern state responsibility for non-state actors, it provides a comprehensive picture of what this law is, what it could be, and what it should be. Not limiting its approach to a purely doctrinal one, it also draws on comparative, empirical and theoretical methodologies to show how the law might be better developed to address future challenges."--
Author | : Constance de la Vega |
Publisher | : |
Total Pages | : 0 |
Release | : 2012 |
Genre | : |
ISBN | : |
Download International Legal Accountability Over Non-State Actors Book in PDF, Epub and Kindle
The article opens with three examples illustrating the need for an international framework that considers corporate actors as holders of legal obligations to protect human rights: (1) the unpunished criminal misconduct and human rights abuses by private military and security companies; (2) the private detention industry and immigrants, especially the perverse profit incentive to cut costs at the expense of the rights of the detainees; and (3) the dumping of toxic waste in States that lack government institutions that are able to hold corporations accountable. The article then describes the Framework (Protect, Respect, and Remedy: A Framework for Business and Human Rights) articulated by the Special Representative on the issue of human rights and transnational corporations and other business enterprises. Although the Framework is a definitive step forward in the dialogue about corporate accountability, it is severely undermined for the following reasons. First, the Framework imposes no new legal obligations upon corporations, and leaves these non-State actors to determine themselves what human rights may be material to their business. Second, by emphasizing the State's role in protecting their populations from harm, the Framework fails to consider situations where States cannot or will not enact domestic regulation that protects human rights. Third, from the corporate perspective, relegating legal obligations to States alone provides for complex regulatory systems where corporate operations are subject to differing legal standards depending on their field of operation and thus produce inefficiency affecting the corporate bottom line. Fourth, the Framework does no more than add to the current regime of voluntary corporate codes, which alone are insufficient to regain the needed political governance of economic globalization. The authors suggest that The Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights be used as a foundation to establish accountability and to bring corporate actors out of their legal grey zones.
Author | : Robert P. Barnidge, Jr. |
Publisher | : T.M.C. Asser Press |
Total Pages | : 0 |
Release | : 2008 |
Genre | : Law |
ISBN | : 9789067044813 |
Download Non-State Actors and Terrorism Book in PDF, Epub and Kindle
In our post-11 September world, challenges to international peace and security emanate from non-State actors as never before. Under international law States have an obligation to act with due diligence in confronting non-State actors that engage in terrorism. The author of this book examines the grounds and mechanisms through which a State can bear responsibility for breaching its due diligence obligations in this regard. He explores the question whether a comprehensive definition of terrorism exists and reviews the development of the due diligence principle during the last century. After doing so, the author examines how the due diligence principle operates in the counter-terrorism context by analysing international and regional treaties and Security Council Resolutions. Theoretical issues that arise when interpreting the due diligence principle are also studied. The author concludes by critically engaging with the question whether national security should trump human rights in the fight against terrorism. This book fills a significant gap in the literature. It is principally designed for policy makers, academics, and students of international law.
Author | : Mihaela Maria Barnes |
Publisher | : Cambridge University Press |
Total Pages | : 341 |
Release | : 2021-12-02 |
Genre | : Law |
ISBN | : 1108832873 |
Download State-Owned Entities and Human Rights Book in PDF, Epub and Kindle
Examines the fundamental role played by international law in the regulation of State-owned entities from a human rights perspective.
Author | : David McGrogan |
Publisher | : Manchester University Press |
Total Pages | : 285 |
Release | : 2021-05-11 |
Genre | : Political Science |
ISBN | : 1526131846 |
Download Critical theory and human rights Book in PDF, Epub and Kindle
This book describes how human rights have given rise to a vision of benevolent governance that, if fully realised, would be antithetical to individual freedom. It describes human rights’ evolution into a grand but nebulous project, rooted in compassion, with the overarching aim of improving universal welfare by defining the conditions of human well-being and imposing obligations on the state and other actors to realise them. This gives rise to a form of managerialism, preoccupied with measuring and improving the ‘human rights performance’ of the state, businesses and so on. The ultimate result is the ‘governmentalisation’ of a pastoral form of global human rights governance, in which power is exercised for the general good, moulded by a complex regulatory sphere which shapes the field of action for the individual at every turn. This, unsurprisingly, does not appeal to rights-holders themselves.