Non-state Actors and International Law最新文献_第7页

The International Court of Justice and the environment 国际法院与环境

Non-state Actors and International Law Pub Date : 1900-01-01 DOI: 10.1163/1571807042794645

M. Fitzmaurice

引用次数: 3

Treatment of customary international law and use of expert evidence by the Dutch court in the Bouterse case 荷兰法院在Bouterse案中对习惯国际法的处理和专家证据的使用

Non-state Actors and International Law Pub Date : 1900-01-01 DOI: 10.1163/157180704323129467

Willems

引用次数: 1

The human right to a good environment: the sword in the stone 人权要有良好的环境:剑在石中

Non-state Actors and International Law Pub Date : 1900-01-01 DOI: 10.1163/1571807042794663

S. Turner

引用次数: 9

"Private" security guards: Privatized force and State responsibility under international human rights law “私人”保安:国际人权法下的私营化部队和国家责任

Non-state Actors and International Law Pub Date : 1900-01-01 DOI: 10.1163/1571807042794636

Alexis P. Kontos

{"title":"\"Private\" security guards: Privatized force and State responsibility under international human rights law","authors":"Alexis P. Kontos","doi":"10.1163/1571807042794636","DOIUrl":"https://doi.org/10.1163/1571807042794636","url":null,"abstract":"Private security is one of the fastest growing industries in the world. In some sense, its rapid expansion leading into the beginning of the twenty-first century exemplifies the prevailing neoliberal ideology, particularly its twin features of privatization and deregulation. Governments seek to decrease public expenditure and regulatory control by selling off public services, including prisons and police forces, supposedly to be run more efficiently under competitive market conditions. But the turn of the century has also seen increased resistance to these developments as popular movements have opposed the privatization of what are perceived to be essentially public services, demanding that government maintain its role as a service provider in the public interest. Within this debate, then, private security and the privatized use of force represent a challenge to the State \"monopoly of the legitimate use of physical force\". However, it is the State's public accountability that legitimizes its powers of coercion, an accountability that is lacking, at least from a human rights perspective, when private parties use force for their own purposes. Thus, it becomes necessary to examine whether a State can legitimately relinquish to private security guards its monopoly over the use of force.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"26 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":"126551963","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}

引用次数: 23

Multinational enterprises: international codes and the challenge of `sustainable development' 跨国企业:国际守则和“可持续发展”的挑战

Non-state Actors and International Law Pub Date : 1900-01-01 DOI: 10.1163/15718070121003464

Dine

{"title":"Multinational enterprises: international codes and the challenge of `sustainable development'","authors":"Dine","doi":"10.1163/15718070121003464","DOIUrl":"https://doi.org/10.1163/15718070121003464","url":null,"abstract":"This paper starts from two propositions. First, there is a growing trend of the ``globalisation of poverty'' which has its roots in the polarisation of incomes both within nations and between them; the rich are getting richer and the poor poorer. Secondly that multinational enterprises (MNEs) or tansnational corporations (TNCs) have played and are playing a significant role in that process. Despite the proliferation of international Guidelines and Codes ``the aim of reforming international law so as to reduce the relative weakness of capital-importing countries in their relations with MNEs has not been achieved. Nor has a new `international law of multinational enterprises' resulted''. The importance of companies in the market place means that the way in which they play their part in the political economy needs to be understood in the light of general morality. Since it is clear that companies reflect the moral basis of society and its dominant philosophy, any calls on them to adopt a morality at odds with that system are doomed to failure. Thus simple appeals to companies to abide by Codes of Conduct which contradict their profit maximising underpinnings are doomed to failure. However, it may be possible to escape from the most extreme understandings of the free-market system by using regulatory methods which avoid external exhortation to `get a conscience' and concentrate instead on feeding into corporate governance regulatory standards which have been decided on as attainable and desirable standards. The morality of a company is reflected in its governance systems, change can therefore only be sustained when the governance system is expected to reflect this morality, when the moral norms are internalised rather than imposed from outside by codes. This exercise requires an escape from the amoral teachings of the modern Hegelians and a return to the Marxist understanding of the `reality of equality' together with the necessity for a conception of justice as a driving force in the economy.","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":"115033436","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}

引用次数: 9