{"title":"Legal issues arising from the armed conflict in Afghanistan","authors":"Annabel Müller","doi":"10.1163/1571807042794672","DOIUrl":"https://doi.org/10.1163/1571807042794672","url":null,"abstract":"The article is an attempt to shed some light on the legal issues arising from the armed conflict that took place in Afghanistan in the aftermath of the September 11th 2001 terrorist attacks as concerns non-state actors. The first two parts consider the right of self-defence as a possible justification of the US bombings. Can attacks by non-state actors qualify as \"armed attacks\" under Article 51 of the United Nations Charter? Secondly the legal limits of the exercise of the right of self-defence are considered, with focus on the possible adversaries of the actions of the defending state. In the third part, the imprisonment of the captured Taliban and Al Qaeda fighters is considered. The legal status of the detainees, the possible legal bases of the detention and the relationship of the legal bases with the treatment of prisoners are discussed.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117327617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Some reflections on public participation in environmental matters as a human right in international law","authors":"Fitzmaurice","doi":"10.1163/157180702400453238","DOIUrl":"https://doi.org/10.1163/157180702400453238","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"233 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132278278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Customary international law before national courts: Some reflections from a continental European perspective","authors":"J. Wouters","doi":"10.1163/157180704323129421","DOIUrl":"https://doi.org/10.1163/157180704323129421","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121991835","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Mark W. Janis and Carolyn Evans (eds.), Religion and International Law","authors":"Brölmann","doi":"10.1163/15718070121003554","DOIUrl":"https://doi.org/10.1163/15718070121003554","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125516088","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The effect of customary international law on domestic law: An overview","authors":"M. Mendelson","doi":"10.1163/157180704323129476","DOIUrl":"https://doi.org/10.1163/157180704323129476","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120964495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Statist assumptions, normative individualism and new forms of personality: evolving a philosophy of international law for the twenty first century","authors":"Harding","doi":"10.1163/15718070121003473","DOIUrl":"https://doi.org/10.1163/15718070121003473","url":null,"abstract":"This article seeks to confirm the relevance of the kind of philosophy of international law espoused by Fernando Teson and encapsulated in his shorthand expression `normative individualism'. At the same time it points to some structural difficulties in accommodating the imperatives of normative individualism in a changing context of personality and identity within the contemporary international order. It argues that it is important to appreciate the diversity of participation in contemporary international life, since a cogent and effective moral critique needs to recognise the range of relevant actors. However, the article does not assume that the goals of normative individualism have been largely achieved. To note that there appears to have been advances in both the practice and the law relating to the protection of human rights does not imply that the role of ethical critique is becoming redundant. There remains an important role for moral critique even in a changed, less state-dominated international landscape. Recent events at the international level have demonstrated – not only on the part of IGOs and INGOs, but also by a number of Western governments – an increasingly vigorous and sometimes belligerent moralism, evident for instance in a new popular vocabulary of `ethical foreign policy', `ethical investment', and the like. While an energetic protection of human rights is to be welcomed on moral grounds, there is still also an important role for ethical argument in assuring the rigour of such policies. In other words, in the future it may be the actions (even though `ethically' inspired) of non-State actors as much as governments which could be scrutinised through the filter of normative individualism.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121471778","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Corporate-NGO partnerships and the regulatory impact of the Energy and Biodiversity Initiative","authors":"S. Tully","doi":"10.1163/1571807042341746","DOIUrl":"https://doi.org/10.1163/1571807042341746","url":null,"abstract":"Corporations react to the regulatory drivers instituted by government and to a lesser extent the private initiatives of non-governmental organisations (NGOs). In contrast to the adversarial model, firms and NGOs may form partnerships for the satisfaction of mutual objectives such as influencing the development of public policy or reforming international legal regimes. This article considers one such partnership – the Energy and Biodiversity Initiative – within the regulatory context of conserving biological diversity and protecting heritage-listed or environmentally-sensitive areas. Four firms and five NGOs jointly formulated operational guidelines for integrating biodiversity considerations into upstream oil and gas development including where commercial projects are located within or adjacent to protected areas. They each contributed biodiversity data, knowledge of environmental management systems, project management skills and information concerning best commercial practice. As demonstrated at the recent Fifth World Parks Congress in South Africa, their efforts were reflected in the adoption of intergovernmental guidelines which envisage further partnerships between governments, firms, civil society and indigenous communities. Illustrative of constructive feedback loops between the public and private spheres within the international lawmaking process, firms and NGOs have secured influential roles in applying and reforming the protected area management system of the World Conservation Union. The EBI is assessed for the lessons it offers for prospective corporate-NGO partnerships, its success in establishing dialogue and trust between the business and conservation communities on controversial questions such as mining in protected areas and as a possible model for private protected area governance.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127545198","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Involvement of non-state actors in the development of water law in Thailand: A role that is ignored?","authors":"Bantita Pichyakorn","doi":"10.1163/157180703322765085","DOIUrl":"https://doi.org/10.1163/157180703322765085","url":null,"abstract":"The objectives of this paper are to investigate first, the establishment and roles of non-state actors (NSAs) under Thai laws; and second, whether, and if so, to what extent, they are recognised. The New Draft Water Code and other related legislation will be examined in order to assess whether NSAs are allowed to participate in water issues. Are they in fact ignored? If so, this paper aims to illustrate the way in which, and to what extent, they could have contributed to the development of water law.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122661620","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Global Community, Yearbook of International Law and Jurisprudence","authors":"Fitzmaurice","doi":"10.1163/1571807024396412","DOIUrl":"https://doi.org/10.1163/1571807024396412","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132294355","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"International labour standards, codes of conduct and gender issues: A review of recent debates and controversies","authors":"Juanita Elias","doi":"10.1163/157180703322765102","DOIUrl":"https://doi.org/10.1163/157180703322765102","url":null,"abstract":"Calls for greater levels of protection for workers in the global economy have emerged as a repose to the growth of globally organised networks of production centred around the multinational corporation (MNC). The suggestion is made that, in this context, states, keen to attract foreign investment, are increasingly less able to enforce national labour standards. This paper considers the various debates and controversies that surround the issue of labour standards. I look at the way in which the debates have played out within the International Labour Organisation (ILO) and contrast this approach with the emergence of \"self-regulatory\" code of conduct based modes of MNC regulation. However, as a feminist researcher with interests in the subordination of female employment within the global economy, this paper also seeks to address the issue of how women's labour rights are being protected. A gender perspective on this issue is essential because of the massively important role of female employment in many of the globalized industries that have been at the heart of labour standards debate (in particular in clothing). It is noted that the emergence of an approach to international labour standards that embraces a human rights approach has, in practice, led to the emergence of very minimalistic definitions of labour standards that act to marginalise women's concerns as workers in global supply chains. Despite the limitations of codes of conduct as a mode of regulating labour standards, it is suggested that these codes do provide a space for the bringing in of gender concerns into the labour standards debate.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128668026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}