Non-state Actors and International Law最新文献

{"title":"Hatton and Others : Further clarification of the ‘indirect’ individual right to a healthy environment","authors":"H. Post","doi":"10.1163/1571807024396430","DOIUrl":"https://doi.org/10.1163/1571807024396430","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"11 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":"133641879","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":"Diasporas as legal actors: Implications for established legal boundaries","authors":"Prakash Shah","doi":"10.1163/1571807054764177","DOIUrl":"https://doi.org/10.1163/1571807054764177","url":null,"abstract":"Orthodox positivist concepts of public and private international law, as well as 'domestic' state laws, privileging official legal orders and state elites, are increasingly called into question by the global dispersal of people through migration. Significantly, Afro-Asian diaporas, as transnational actors are engaged in reconstructing their laws in hybrid forms in newly adopted places of living in the North. Focusing on the British case, this article examines how this legal activity is largely still confined to the 'unofficial' field as the official order, in its assumption of dominance, only recognises the dynamic legal pluralism of diasporic minorities to a minimal degree. In this light, the article also reflects on a recent academic discussion on the need for a Convention on diasporas, arguing that given the still-dominant positivist emphasis in legal thinking, which has skewed our perspective of the socio-legal agency of diasporas, it is bound to be of limited value in providing legal protection for them.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"136 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":"131320278","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":"SUDS law: Non-State actors and the haphazard route to implementation of international obligations","authors":"A. Reeves, K. Sherlock, E. Kirk","doi":"10.1163/1571807042341764","DOIUrl":"https://doi.org/10.1163/1571807042341764","url":null,"abstract":"This article focuses on the role of non-State actors at the nexus of international and national law. It illustrates the pivotal role non-State actors can play in the implementation of international obligations and highlights the fact that the traditional dichotomy of national and international law can not fully portray the reality of implementation. It also illustrates the effects of path dependency on implementation. That is the effect whereby once the implementation process has begun, information entering the process automatically shapes the outcome by increasing the costs associated with considering alternative, and as yet undisclosed, information. Thus the option considered first in the implementation process is likely to be the one adopted merely because it entered the arena first. The article uses a Realist lens to examine a case study of the activities of particular non-State actors as the framework for the analysis of the relationship between the two systems of law. It is based on an empirical study that focused on the actions of a particular group of non-State actors – the Sustainable Urban Drainage Scottish Working Party and its members – and their activities in relation to the development of measures to control diffuse pollution.","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":"129874058","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 relationship between the Security Council and the International Criminal Court in the light of Resolution 1422 (2002)","authors":"O. Elias, Anne-Floor B E Quast","doi":"10.1163/157180703322765049","DOIUrl":"https://doi.org/10.1163/157180703322765049","url":null,"abstract":"On 12 July 2002, the Security Council adopted Resolution 1422, in which it requested that the International Criminal Court (\"ICC\") not commence or proceed with the investigation or prosecution of any case that may arise concerning acts or omissions relating to an operation established or authorized by the United Nations involving current or former officials or personnel from a state contributing to that operation which is not a party to the Statute of the ICC (or \"the Rome Statute\"). This request was stated to have been made \"consistent with the provisions of Article 16 of the Rome Statute\", which allows the Security Council to make requests in resolutions adopted under Chapter VII of the United Nations Charter deferring any investigation or prosecution at the ICC for a period of twelve months. The aim of this paper is to examine the compatibility of Resolution 1422 with the conditions required under article 16 of the Rome Statute, within the broader context of the relationship between the Security Council and the ICC.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"9 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":"123852928","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":"Rationalising the Work of UN Human Rights Bodies or Reducing the Input of NGOs? The Changing Role of Human Rights NGOs at the United Nations","authors":"C. Breen","doi":"10.1163/1571807054764186","DOIUrl":"https://doi.org/10.1163/1571807054764186","url":null,"abstract":"The contribution of NGOs to the development of human rights standards at the United Nations is rooted in the UN Charter. In spite of NGO success in the creation of human rights norms, it appears that NGO input, particularly within the Human Rights Commission, is being scaled back for reasons of finance and efficiency. However, the reduction in NGO contribution also comes at a time when such organisations have been strongly criticised by States within the Human Rights Commission. This paper recognises that some criticism of NGOs may be justifiable. However, any moves to reorganise the workload of the Commission, where such moves are posited upon the need to curtail questionable NGO activity, need to be viewed extremely closely. There is already in place a highly regulatory mechanism which both vets NGOs' performance and regulates their participation. Reliance upon this mechanism to streamline NGO performance should obviate the need to sideline NGO participation as a consequence of workload rationalisation within the Human Rights Commission.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"49 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":"125153872","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":"Agreement making and implementation: An analysis of international negotiations","authors":"Freudenschuss-Reichl","doi":"10.1163/157180702761066913","DOIUrl":"https://doi.org/10.1163/157180702761066913","url":null,"abstract":"Global negotiations are the hallmark of the UN and one of its main raisons d'etre. At the same time it is true that frustration about global negotiations has been mounting for a long time and the discrepancy between negotiating input and negotiated output – tangible international agreement – is being lamented on the occasion of practically every major UN conference. Even more alarming is the fact that a large percentage of the international agreements reached by way of negotiations does not seem to get implemented promptly. A case in point is made by the much-hailed Millennium Declaration which reiterates several objectives already solemnly adopted at the World Summit for Social Development in Copenhagen in 1995. The very existence of the UN structures as a tool for international agreement making can be considered as a global public good of an intermediate nature. Therefore any efforts at making the UN negotiating process more effective, can be seen as a direct contribution towards the better provision of global public goods. Negotiations come in all kinds of forms and shapes. This chapter explores the various relationships between the format of negotiations in the economic, social and environmental areas and their effectiveness in terms of international agreement making which, in turn, is related to their capacity of producing global public goods. Since the mandates for multilateral negotiations usually result from a political compromise and have so far not been defined in any significant way as production processes for global public goods, the outcomes tend to be mixed – some outcomes benefiting local or regional constituencies, some outcomes pertaining to the category of global public goods. Since the qualification of any negotiating process as a way of directly and exclusively producing a global public good would have strong implications for the sharing of the implementation costs, especially when taking into account the principle of shared, but differentiated responsibility, I doubt that we would soon come to a stage where the production of a global public good is directly aimed at in a clearly defined negotiation process. The chapter also examines various obstacles to productive negotiation processes and suggests some ways to overcome them, taking into account in particular the need to strengthen the negotiating position of the developing countries within multilateral settings.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"34 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":"127420678","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 determination of customary international law in Australian courts","authors":"H. Burmester","doi":"10.1163/157180704323129430","DOIUrl":"https://doi.org/10.1163/157180704323129430","url":null,"abstract":"1 Nulyarimma v. Thompson, 165 A.L.R. 621 (1999). 2 See Burmester, Henry, “The Place of Customary International Law in Australian Law; UnŽ nished Business”, 21 Aust. Y.B.I.L. 39 (2000). 3 Jumbunna Coal Mine v. Victorian Coal Miners Association, (1908) 6 C.L.R. 309, 363. 4 Vienna Convention on the Law of Treaties, 1155 U.N.T.S. 331, 8 I.L.M. 679 (1969), opened for signature May 23, 1969 [hereinafter Vienna Convention]. The determination of customary international law in Australian courts","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"13 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":"127900695","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":"Torture Committed by Non-State Actors: The Developing Jurisprudence from the Ad Hoc Tribunals","authors":"J. Marshall","doi":"10.1163/157180705775435474","DOIUrl":"https://doi.org/10.1163/157180705775435474","url":null,"abstract":"This paper examines the jurisprudence of the ad hoc war crimes tribunals on torture. Through case law analysis, it investigates the development of a definition of torture at customary international law for international criminal law which differs from that in the UN Torture Convention and that generally applied in human rights law. The author examines this analysis for insights into individual responsibility and individual protection under international criminal law and international human rights law.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"42 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":"116461823","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 civil society in international law : the growth of NGO participation.","authors":"Holly Cullen, K. Morrow","doi":"10.1163/15718070121003419","DOIUrl":"https://doi.org/10.1163/15718070121003419","url":null,"abstract":"This article analyses the argument that the development of NGO activity in the international arena in the past decade demonstrates the emergence of international civil society. Such activity has accelerated in several areas, notably environment and human rights, and the integration of NGOs into the implementation of international law, particularly of multilateral treaties, indicates a socialisation of international law, and more importantly, the beginnings of pluralism in international law, where states are not the only actors which can influence the progressive development of international law. NGOs are an appropriate focus for this discussion as most aspects of civil society are represented by such bodies.","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":"130118883","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":"Multinational enterprises, international economic organisations and convergence among legal systems","authors":"Perry","doi":"10.1163/157180702400453247","DOIUrl":"https://doi.org/10.1163/157180702400453247","url":null,"abstract":"The article explores the existence, nature and impact of the market for `legal products', and in particular the role of non state actors such as multinational enterprises (MNEs) and international economic organisations (IEOs) in that market. It considers IEOs as producers of legal reform models; states as consumers of legal reform models and producers of resulting legal systems; and MNEs as consumers of resulting legal systems. It argues that the market for legal reform products is oligopolistic, and thus not fully competitive;that competition does currently exist in the market for legal systems, due to the large number of state producers; but that such competition as exists is likely to fall as legal systems are forced to converge under the increasingly dominant of legal reform product offered by IEOs; that such convergence might occur naturally with regard to those aspects of legal systems as to which consumers such as MNEs hold, and act upon, homogenous preferences; but that to force convergence in those aspects of legal systems as to which consumers hold heterogeneous preferences interferes with competitive forces and is thus potentially damaging.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"234 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":"121419073","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}