Responsibilities of the Non-state Actor in Armed Conflict and the Market Place

Responsibilities of the Non-state Actor in Armed Conflict and the Market Place

Author: Noemi Gal-Or

Publisher: Martinus Nijhoff

ISBN: 9004293469

Category: Law

Page: 381

View: 692

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"The Committee of Non-State Actors of the International Law Association (ILA), The Institute for Transborder Studies (ITS) at Kwantlen Polytechnic University, the Leuven Centre for Global Governance Studies, Oxford Brookes University, in collaboration with the ILA-Canada, the Flemish Scientific Research Fund (FWO, 'the network'), and the Canadian Bar Association-British Columbia Branch are acknowledged for their support and sponsorship of the Conference on The Responsibilities of Non-State Actors in International Law, held at Kwantlen Polytechnic University, 27-28 June 2013, Richmond, British Columbia, Canada at which the papers in this anthology were first presented and discussed"--

Non-State Actors and International Obligations

Non-State Actors and International Obligations

Author: James Summers

Publisher: BRILL

ISBN: 9789004340251

Category: Law

Page: 523

View: 122

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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.

State Responsibility for Non-State Actors

State Responsibility for Non-State Actors

Author: Richard Mackenzie-Gray Scott

Publisher: Bloomsbury Publishing

ISBN: 9781509951550

Category: Law

Page: 348

View: 873

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This book investigates how state responsibility can be determined for the wrongdoing of non-state actors. Every day, people, businesses and societies around the world pay a price arising from interactions between states and non-state actors. From insurrections that attempt to create new governments, to states arming belligerent proxies operating overseas, to companies damaging natural environments or providing suspect services, the impact of such situations are felt in numerous ways. They also raise many questions relating to responsibility. In answering these, State Responsibility for Non-State Actors provides a picture of what the law governing this area is, what it could be, and what it should be in light of past histories, present realities and future prospects.

Non-State Actors in International Law

Non-State Actors in International Law

Author: Math Noortmann

Publisher: Bloomsbury Publishing

ISBN: 9781509901852

Category: Law

Page: 424

View: 982

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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.

The Accountability of Armed Groups Under Human Rights Law

The Accountability of Armed Groups Under Human Rights Law

Author: Katharine Fortin

Publisher: Oxford University Press

ISBN: 9780198808381

Category: Law

Page: 465

View: 369

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Today the majority of the armed conflicts around the world are fought between States and armed groups, rather than between States. This changed conflict landscape creates an imperative to clarify the obligations of armed groups under international law. While it is generally accepted that armed groups are bound by international humanitarian law, the question of whether they are also bound by human rights law is controversial. This book brings significant new understanding to the question of whether and when armed groups might be bound by human rights law. Its conclusions will benefit international law academics, legal practitioners and political scientists and anthropologists working on issues related to rebel governance and civil wars. This book addresses the debate on this topic by employing a theoretical, historical, and comparative analysis that spans international humanitarian law, international criminal law, and international human rights law. Embedding these different perspectives in public international law, this book brings several key points of clarification to the legal framework. Firstly, the book draws upon social science literature on armed conflict to present a new viewpoint on the role that human rights law plays vis-a-vis international humanitarian law in non-international armed conflicts. Secondly, the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. It brings illumination to these topics by combining historical and comparative research on belligerency, insurgency, and international humanitarian law with a theoretical analysis of legal personality under international law. In the final part of the book, the author tests the four most utilised theories of how armed groups are bound by human rights law, examining whether armed groups can be bound by virtue of (i) treaty law (ii) control of territory (iii) international criminal law and (iv) customary international law. In the book's conclusions, the author presents final remarks that are designed to provide concrete guidance on how the issue of armed groups and human rights law can be dealt with more thoroughly in practice.

Yearbook of International Humanitarian Law Volume 19, 2016

Yearbook of International Humanitarian Law Volume 19, 2016

Author: Terry D. Gill

Publisher: Springer

ISBN: 9789462652132

Category: Law

Page: 362

View: 892

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The general theme of this volume of the Yearbook of International Humanitarian Lawis armed groups and the challenges arising from the participation of such groups incontemporary armed conflicts. It is elaborated upon in several chapters, addressingthe organisation criterion, respect for and compliance with international humanitarianlaw and international human rights law, targeted sanctions and accountability issues,among other things. Besides these chapters that can be connected to the general theme,the book also contains a chapter dedicated to the ‘knock on the roof ’ practice, a Year inReview, describing the most important events and legal developments that took place in2016, as well as the final report from the ILA Study Group ‘The Conduct of HostilitiesUnder International Humanitarian Law - Challenges of 21st Century Warfare’. The Yearbook of International Humanitarian Law is the world’s only annual publicationdevoted to the study of the laws governing armed conflict. It provides a truly internationalforum for high-quality, peer-reviewed academic articles focusing on this crucialbranch of international law. Distinguished by contemporary relevance, the Yearbookof International Humanitarian Law bridges the gap between theory and practice andserves as a useful reference tool for scholars, practitioners, military personnel, civilservants, diplomats, human rights workers and students.

Organizing Rebellion

Organizing Rebellion

Author: Tilman Rodenhäuser

Publisher: Oxford University Press

ISBN: 9780192555113

Category: Law

Page: 400

View: 490

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The number of non-state actors, in the past not accountable for committing international crimes or violating human rights, is proliferating rapidly. Their ways of operating evolve, with some groups being increasingly fragmented and others organizing transnationally or in cyber space. As non-state armed groups are involved in the vast majority of todays armed conflicts and crisis situations, a new and increasingly important question has to be raised as to whether, and at what point, these groups are bound by international law and thereby accountable for their acts. Breaking new ground in addressing international human rights law, international criminal law, and international humanitarian law in one swoop, Rodenhäusers text will be essential to academics and practitioners alike.

Non-International Armed Conflicts in International Law

Non-International Armed Conflicts in International Law

Author: Yoram Dinstein

Publisher: Cambridge University Press

ISBN: 9781108873536

Category: Law

Page:

View: 372

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This dispassionate analysis of the legal implications of non-international armed conflicts explores the rules regulating the conduct of internal hostilities, as well as the consequences of intervention by foreign States, the role of the UN Security Council, the effects of recognition, State responsibility for wrongdoing by both Governments and insurgents, the interface with the law of human rights and the notion of war crimes. The author addresses both conceptual and specific issues, such as the complexities of 'failing' States or the recruitment and use of child soldiers. He makes use of the extensive case law of international courts and tribunals, in order to identify and set out customary international law. Much attention is also given to the contents of available treaty texts. This new updated edition takes into account the latest events in terms of the practice of States, judicial pronouncements and UN Security Council resolutions.

Extracting Accountability from Non-State Actors in International Law

Extracting Accountability from Non-State Actors in International Law

Author: Lee James McConnell

Publisher: Routledge

ISBN: 9781317220565

Category: Law

Page: 276

View: 542

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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.

The Effects of Armed Conflict on Investment Treaties

The Effects of Armed Conflict on Investment Treaties

Author: Tobias Ackermann

Publisher: Cambridge University Press

ISBN: 9781009207782

Category: Law

Page: 401

View: 197

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This book analyses the multi-faceted impact armed conflict has on investment treaties. Refuting the common association of the outbreak of hostilities with the termination or suspension of treaties, it not only makes a case for the continuity of investment treaties. The book argues that the impact of armed conflict on such agreements goes far beyond these questions: Changed factual circumstances and public interests as well as international humanitarian law heavily influence the application and interpretation of investment protection standards. The book argues that investment treaties can and must channel these effects to remain effective during armed conflict and strike a fair balance between investor and public interests. It shows ways in which contextual and systemic interpretation, respect for reasonable state action, and careful treaty design can ensure that investment treaties continue to fulfil their purpose of strengthening compliance with legal rules also in times of armed conflict.

International Humanitarian Law and Non-State Actors

International Humanitarian Law and Non-State Actors

Author: Ezequiel Heffes

Publisher: Springer Nature

ISBN: 9789462653399

Category: Law

Page: 451

View: 371

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This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict. With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes. The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law. Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.