{"title":"Legal Aspects of Foreign Direct Investment, Daniel D. Bradlow and Alfred Escher (eds.)","authors":"Muchlinski","doi":"10.1163/15718070121003437","DOIUrl":"https://doi.org/10.1163/15718070121003437","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"4 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":"133682230","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":"Renegotiating Westphalia – Essays and Commentary on the European and Conceptual Foundations of Modern International Law, Christopher Harding and C.L. Lim (eds.)","authors":"Wickremasinghe","doi":"10.1163/15718070121003446","DOIUrl":"https://doi.org/10.1163/15718070121003446","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"12 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":"130413336","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":"Michael K. Addo (ed), Human Rights Standards and the Responsibility of Transnational Corporations","authors":"O. Elias","doi":"10.1163/157180703322765120","DOIUrl":"https://doi.org/10.1163/157180703322765120","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"62 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":"117027367","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":"Beyond State Sovereignty: The Human Right to Water","authors":"C. Brölmann, T. Kiefer","doi":"10.1163/157180705775435465","DOIUrl":"https://doi.org/10.1163/157180705775435465","url":null,"abstract":"International legal regulation of water resources traditionally operates from the perspective of the state and, in line with general legal doctrine regarding natural resources, hinges on the parameters of territoriality and state sovereignty. However, in recent times the problem of freshwater management is approached increasingly through the prism of human rights law. The shift from the state to the individual as a starting point in international law-formation is undoubtedly a powerful trend in legal doctrine and in legal discourse. A separate question is whether a human right to water at this point in time can be said to exist as lex lata in the positivist sense. The purpose of this article is to examine whether indeed a universal human right to water can be construed, notably on the basis of international treaty law. The analysis focuses on Article 6(1) of the International Covenant on Civil and Political Rights and on articles 11(1) and 12(1) of the International Covenant on Economic, Social and Cultural Rights. The authors conclude that a substantive human right to water is implied under articles 11(1) and 12(1) ICESCR, and subsequently address the normative implications of such a right, the nature and scope of corresponding state obligations, and general aspects of its implementation at the international and the domestic level.","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":"115856498","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 law before national courts: Some problems from a common law perspective","authors":"A. Boyle","doi":"10.1163/157180704323129458","DOIUrl":"https://doi.org/10.1163/157180704323129458","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"6 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":"131518026","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":"NGO expectations of companies and human rights","authors":"Rory Sullivan","doi":"10.1163/157180703322765111","DOIUrl":"https://doi.org/10.1163/157180703322765111","url":null,"abstract":"Factors such as 'globalisation', the perceived growth in the power and influence of transnational corporations (TNCs), media coverage of company involvement in human rights violations and perceived weaknesses in international regulatory frameworks have raised public concerns about corporate responsibility for the protection of human rights. Human rights non-governmental organisations (NGOs) such as Amnesty International have invested significant effort in campaigning against companies, lobbying for binding regulation and defining their expectations of companies. This article provides an overview of the business and human rights debate, and assesses the manner in which NGO campaigning activity is starting to create soft law obligations, with the emergence of some consensus around the norms or standards against which companies should be judged, a growing acceptance on the part of companies that they do have responsibility for the protection and promotion of human rights and the growing involvement of government in voluntary initiatives relating to human rights. The debate on business on human rights also has broader implications as it sees one set of non-state actors (i.e. NGOs) working to define norms and legal obligations for another set of non-state actors (i.e. companies), with limited involvement of government. This contest of influences, which is duplicated in many other corporate social responsibility debates, is likely to be an ever more common approach to the development of soft, and probably hard, international law obligations.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"27 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":"121590805","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":"B.G. Ramcharan (ed.), The Principle of Legality in International Human Rights Institutions: Selected Legal Opinions","authors":"Tseng","doi":"10.1163/157180702761066959","DOIUrl":"https://doi.org/10.1163/157180702761066959","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"345 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":"122821184","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":"Sustainable Development in International Law","authors":"P. Schwarz","doi":"10.1163/1571807054764203","DOIUrl":"https://doi.org/10.1163/1571807054764203","url":null,"abstract":"This article explores the meaning of \"sustainable development\". In part A the author describes the evolution of the concept of sustainable development, stressing its international environmental orientation. She then presents an analysis of the concept relating to its formulation, definition and meaning. This part also explores the legal aspects of the concept so as to ascertain its true legal character on the international arena. It identifies a legal character in the concept beyond legislative processes, and a flexibility that allows for their interpretation within legal rules to enhance environmental protection at the global or domestic level. Some pertinent developments on the concept since its international inception are also explored, further stressing its importance. In part B the author examines the context in which sustainable development can be implemented at national level. She also shows that national implementation of the concept, represents an important and necessary means of applying sustainable development in order to protect domestic development environments.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"73 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":"130277724","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":"Non-Governmental Organisations and the Reporting Obligation under the International Covenant on Civil and Political Rights","authors":"G. Rubagotti","doi":"10.1163/1571807054068224","DOIUrl":"https://doi.org/10.1163/1571807054068224","url":null,"abstract":"This paper takes into consideration the reporting obligation under the International Covenant on Civil and Political Rights. After outlining the scope and function of this kind of procedure, the focus will be on the possibility of enlarging the sources of information available to the members of the Human Rights Committee. It will be stressed how the Human Rights Committee does not limit itself to the analysis of the official documents by member States, and how non-Governmental Organisations intervene with ad hoc submissions. A number of questions may arise: – Is there a legal framework granting non-State actors the possibility to actively take part in the procedures? – What are the concrete actions that can be undertaken by non-State actors? – Is the protection of human rights positively affected by such intervention? – Is it desirable to grant such participation and role? The purpose of this article is to illustrate how, in practice, the involvement of such non-State actors as NGOs can have bene ficial effects on the protection of human rights, in a spirit of cooperation with States, which remain, nonetheless, the centre of the system as a whole.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"7 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":"126735966","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":"Karel Wellens, Remedies against International Organisations","authors":"Fitzmaurice","doi":"10.1163/157180702761066968","DOIUrl":"https://doi.org/10.1163/157180702761066968","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"1 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":"131193355","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}