Noam Lubell
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199584840
- eISBN:
- 9780191594540
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199584840.003.0002
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter analyses the question of whether self-defence as understood in international law, encompasses the possibility of using extraterritorial force against armed groups abroad. It examines the ...
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This chapter analyses the question of whether self-defence as understood in international law, encompasses the possibility of using extraterritorial force against armed groups abroad. It examines the prohibition on the use of force, and whether the concept of ‘armed attack’ as appears in the rules of self-defence, includes attacks by non-state actors. The chapter also analyses the impact on this issue caused by the potential links between the non-state actor and the state in which the group is located.Less
This chapter analyses the question of whether self-defence as understood in international law, encompasses the possibility of using extraterritorial force against armed groups abroad. It examines the prohibition on the use of force, and whether the concept of ‘armed attack’ as appears in the rules of self-defence, includes attacks by non-state actors. The chapter also analyses the impact on this issue caused by the potential links between the non-state actor and the state in which the group is located.
Noam Lubell
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199584840
- eISBN:
- 9780191594540
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199584840.003.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
This introductory chapter sets out the scope of the analysis to be covered in the book, and the definition of the terms to be used. The three primary legal frameworks — the ius ad bellum, ...
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This introductory chapter sets out the scope of the analysis to be covered in the book, and the definition of the terms to be used. The three primary legal frameworks — the ius ad bellum, humanitarian law, and human rights — are presented in the context of their relevance to non-state actors, and the relationship between them is examined.Less
This introductory chapter sets out the scope of the analysis to be covered in the book, and the definition of the terms to be used. The three primary legal frameworks — the ius ad bellum, humanitarian law, and human rights — are presented in the context of their relevance to non-state actors, and the relationship between them is examined.
ANDREW CLAPHAM
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199288465
- eISBN:
- 9780191707681
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199288465.003.0011
- Subject:
- Law, Human Rights and Immigration
This chapter looks at how different national legal orders tackle the question of holding non-state actors accountable for human rights violations. The key jurisdictions under examination are: the UK, ...
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This chapter looks at how different national legal orders tackle the question of holding non-state actors accountable for human rights violations. The key jurisdictions under examination are: the UK, the US, Hong Kong, Canada, and South Africa. Questions of statutory interpretation and the role of a judge are examined and the reader is given a detailed analysis of certain recent cases.Less
This chapter looks at how different national legal orders tackle the question of holding non-state actors accountable for human rights violations. The key jurisdictions under examination are: the UK, the US, Hong Kong, Canada, and South Africa. Questions of statutory interpretation and the role of a judge are examined and the reader is given a detailed analysis of certain recent cases.
Thomas Risse
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199970087
- eISBN:
- 9780199333295
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199970087.003.0005
- Subject:
- Political Science, International Relations and Politics
The social science debate on governance implicitly or explicitly remains wedded to an ideal type of modern statehood—with full domestic sovereignty and the capacity to make, implement, and enforce ...
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The social science debate on governance implicitly or explicitly remains wedded to an ideal type of modern statehood—with full domestic sovereignty and the capacity to make, implement, and enforce decisions. From a global as well as historical perspective, however, the Western modern nation-state constitutes the exception rather than the rule. Outside the developed OECD world, we find areas of limited statehood that lack domestic sovereignty. Under such conditions, governance requires the inclusion of non-state actors in the provision of collective goods and the regulation of social and political issues. Our conceptual apparatus is ill-equipped to deal with the governance problématique in areas of limited statehood. However, limited statehood does not mean the absence of governance or the provision of collective goods, as most of the literature on fragile and failed states assumes. Rule making, collective goods and services are provided by various combinations of state and non-state actors using predominantly non-hierarchical modes of steering. Emphasizing governance rather than statehood allows us to abandon the state-centered view of politics and to ask who is providing which rule structures and which public services under conditions of limited statehood. The governance perspective enables us to look for functional equivalents to the ability of consolidated states to cast a “shadow of hierarchy” as a context for effective governance by and with non-state actors. The chapter first describes what “limited statehood” means. Second, I discuss the modes of governance to be found in areas of limited statehood. Third, I discuss governance problems arising in areas of limited statehood and then introduce functional equivalents to consolidated statehood that insure that rules are being enforced and governance contributions by non-state actors are effective.Less
The social science debate on governance implicitly or explicitly remains wedded to an ideal type of modern statehood—with full domestic sovereignty and the capacity to make, implement, and enforce decisions. From a global as well as historical perspective, however, the Western modern nation-state constitutes the exception rather than the rule. Outside the developed OECD world, we find areas of limited statehood that lack domestic sovereignty. Under such conditions, governance requires the inclusion of non-state actors in the provision of collective goods and the regulation of social and political issues. Our conceptual apparatus is ill-equipped to deal with the governance problématique in areas of limited statehood. However, limited statehood does not mean the absence of governance or the provision of collective goods, as most of the literature on fragile and failed states assumes. Rule making, collective goods and services are provided by various combinations of state and non-state actors using predominantly non-hierarchical modes of steering. Emphasizing governance rather than statehood allows us to abandon the state-centered view of politics and to ask who is providing which rule structures and which public services under conditions of limited statehood. The governance perspective enables us to look for functional equivalents to the ability of consolidated states to cast a “shadow of hierarchy” as a context for effective governance by and with non-state actors. The chapter first describes what “limited statehood” means. Second, I discuss the modes of governance to be found in areas of limited statehood. Third, I discuss governance problems arising in areas of limited statehood and then introduce functional equivalents to consolidated statehood that insure that rules are being enforced and governance contributions by non-state actors are effective.
Terry MacDonald
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780199235001
- eISBN:
- 9780191715822
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199235001.003.0010
- Subject:
- Political Science, Political Theory, International Relations and Politics
This concluding chapter reflects upon the broader applications of the theoretical model of Global Stakeholder Democracy developed in this book. It briefly considers how the principles of stakeholder ...
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This concluding chapter reflects upon the broader applications of the theoretical model of Global Stakeholder Democracy developed in this book. It briefly considers how the principles of stakeholder democracy might conceivably be applied to other categories of political actors (such as Transnational Corporations). In addition, it reflects upon how the democratic imperatives arising from this model might relate to other kinds of normative imperatives applying to non-state actors, such as those associated with duties of distributive justice, and those associated with contractual obligations and non-democratic accountabilities.Less
This concluding chapter reflects upon the broader applications of the theoretical model of Global Stakeholder Democracy developed in this book. It briefly considers how the principles of stakeholder democracy might conceivably be applied to other categories of political actors (such as Transnational Corporations). In addition, it reflects upon how the democratic imperatives arising from this model might relate to other kinds of normative imperatives applying to non-state actors, such as those associated with duties of distributive justice, and those associated with contractual obligations and non-democratic accountabilities.
María Lorena Cook
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198781837
- eISBN:
- 9780191598968
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198781830.003.0021
- Subject:
- Political Science, Democratization
Explores a novel and unexpected by‐product of the process of negotiating the North American Free Trade Agreement—a network of North American labour, environmental, human rights, and other citizens’ ...
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Explores a novel and unexpected by‐product of the process of negotiating the North American Free Trade Agreement—a network of North American labour, environmental, human rights, and other citizens’ organizations using international alliances to modify the agreement and to contest what was widely viewed as an anti‐popular and exclusionary process. While economic integration between the US and Mexico had been taking place for some time, the author argues that it was the formal recognition of this process through the NAFTA agreement that facilitated transnational political action by non‐state actors. Even though economic globalization and neo‐liberalism may be considered by some to undermine popular organizations, formal recognition of North American economic integration paradoxically produced a ‘transnational political arena’ linking the US, Mexico, and Canada. Well beyond the period and issues of the formal debate about the treaty itself, this transnational arena has expanded the resources available to non‐governmental groups, increased their leverage in domestic political arena, and broadened their strategic options.Less
Explores a novel and unexpected by‐product of the process of negotiating the North American Free Trade Agreement—a network of North American labour, environmental, human rights, and other citizens’ organizations using international alliances to modify the agreement and to contest what was widely viewed as an anti‐popular and exclusionary process. While economic integration between the US and Mexico had been taking place for some time, the author argues that it was the formal recognition of this process through the NAFTA agreement that facilitated transnational political action by non‐state actors. Even though economic globalization and neo‐liberalism may be considered by some to undermine popular organizations, formal recognition of North American economic integration paradoxically produced a ‘transnational political arena’ linking the US, Mexico, and Canada. Well beyond the period and issues of the formal debate about the treaty itself, this transnational arena has expanded the resources available to non‐governmental groups, increased their leverage in domestic political arena, and broadened their strategic options.
Michael Edwards and Simon Zadek
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780195157406
- eISBN:
- 9780199832965
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195157400.003.0009
- Subject:
- Economics and Finance, Public and Welfare
The provision of global public goods will impose two tasks (1) increase the role of non‐state actors (2) do this without permitting the operation of special‐interest politics to jeopardize their ...
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The provision of global public goods will impose two tasks (1) increase the role of non‐state actors (2) do this without permitting the operation of special‐interest politics to jeopardize their legitimacy. While non‐state actors are crucial to rebuilding the legitimacy of the international system, they are only likely to be accepted and effective in this role if they succeed in strengthening their own legitimacy in the eyes of governments, inter‐governmental organizations, and the general public.Less
The provision of global public goods will impose two tasks (1) increase the role of non‐state actors (2) do this without permitting the operation of special‐interest politics to jeopardize their legitimacy. While non‐state actors are crucial to rebuilding the legitimacy of the international system, they are only likely to be accepted and effective in this role if they succeed in strengthening their own legitimacy in the eyes of governments, inter‐governmental organizations, and the general public.
ANDREW CLAPHAM
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199288465
- eISBN:
- 9780191707681
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199288465.003.0001
- Subject:
- Law, Human Rights and Immigration
The book begins with a discussion of the phenomena, such as globalization, privatization, fragmentation, and feminization, that are forcing us to think again about how we view human rights and why it ...
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The book begins with a discussion of the phenomena, such as globalization, privatization, fragmentation, and feminization, that are forcing us to think again about how we view human rights and why it makes sense to extend the obligations to non-state actors.Less
The book begins with a discussion of the phenomena, such as globalization, privatization, fragmentation, and feminization, that are forcing us to think again about how we view human rights and why it makes sense to extend the obligations to non-state actors.
Frédéric Mégret
- Published in print:
- 2018
- Published Online:
- January 2018
- ISBN:
- 9780190272654
- eISBN:
- 9780190272685
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190272654.003.0011
- Subject:
- Law, Public International Law, Criminal Law and Criminology
One of the most significant contributions of Bill Schabas to the study of international criminal law is his critique of the tendency of contemporary international criminal justice to focus on ...
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One of the most significant contributions of Bill Schabas to the study of international criminal law is his critique of the tendency of contemporary international criminal justice to focus on individuals associated with non-state actors as opposed to states. This chapter seeks to first evaluate it as an empirical claim to assess the degree to which the International Criminal Court (ICC) has, if at all, disproportionately focused on non-state actors, beyond the well-known case of state self-referrals. It then addresses the normative case against such an evolution. The real issue is jurisdictional and a matter of prosecutorial policy rather than the substantive one of whether non-state groups can commit international crimes. The conclusion envisages what it is that is common between states and certain armed groups that ought to give a particular character of gravity to their acts and recommend them for special attention from international criminal law and justice.Less
One of the most significant contributions of Bill Schabas to the study of international criminal law is his critique of the tendency of contemporary international criminal justice to focus on individuals associated with non-state actors as opposed to states. This chapter seeks to first evaluate it as an empirical claim to assess the degree to which the International Criminal Court (ICC) has, if at all, disproportionately focused on non-state actors, beyond the well-known case of state self-referrals. It then addresses the normative case against such an evolution. The real issue is jurisdictional and a matter of prosecutorial policy rather than the substantive one of whether non-state groups can commit international crimes. The conclusion envisages what it is that is common between states and certain armed groups that ought to give a particular character of gravity to their acts and recommend them for special attention from international criminal law and justice.
Andrea Bianchi
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199588817
- eISBN:
- 9780191725272
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588817.003.0006
- Subject:
- Law, Public International Law
This chapter argues that the debate on non-State actors mirrors the difficulties that international law is currently facing in terms of redefining the boundaries of its own discipline. The ...
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This chapter argues that the debate on non-State actors mirrors the difficulties that international law is currently facing in terms of redefining the boundaries of its own discipline. The traditional view, which hinges on the doctrine of subjects and on its flexible reading provided by the ICJ in the Reparation for Injuries case, lays claim to be able to accommodate all necessary adjustments by granting relative personality to additional entities, if the need arises. Yet a widespread sentiment exists, among international lawyers, that the traditional subjects doctrine is no longer able to provide a satisfactory account of the social realities underlying international law. Hence, the need to rethink afresh the fundamental tenets of international law theory, including the doctrine of subjects. Alternative theoretical frameworks have been put forward, but so far they have failed to impose themselves as accepted terms of reference in international legal scholarship. Meanwhile, the discourse about non-State actors continues to be carried out in a myriad of different contexts.Less
This chapter argues that the debate on non-State actors mirrors the difficulties that international law is currently facing in terms of redefining the boundaries of its own discipline. The traditional view, which hinges on the doctrine of subjects and on its flexible reading provided by the ICJ in the Reparation for Injuries case, lays claim to be able to accommodate all necessary adjustments by granting relative personality to additional entities, if the need arises. Yet a widespread sentiment exists, among international lawyers, that the traditional subjects doctrine is no longer able to provide a satisfactory account of the social realities underlying international law. Hence, the need to rethink afresh the fundamental tenets of international law theory, including the doctrine of subjects. Alternative theoretical frameworks have been put forward, but so far they have failed to impose themselves as accepted terms of reference in international legal scholarship. Meanwhile, the discourse about non-State actors continues to be carried out in a myriad of different contexts.
Kenneth Watkin
- Published in print:
- 2016
- Published Online:
- June 2016
- ISBN:
- 9780190457976
- eISBN:
- 9780190458003
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190457976.003.0009
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter focuses on the lack of legal consensus regarding how non-State violence is categorized and the requirement to determine when the thresholds for an armed conflict are met. The complexity ...
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This chapter focuses on the lack of legal consensus regarding how non-State violence is categorized and the requirement to determine when the thresholds for an armed conflict are met. The complexity of non-State actor conflict has resulted in an array of legal interpretations regarding conflict categorization. Non-State actor violence is variously linked to inter-State conflict, categorized as a conflict having an international character, as “extraterritorial law enforcement”, transnational armed conflict, or as noninternational armed conflict. In applying a “totality of the circumstances” approach and other recognized criteria, the threshold for armed conflict is demonstrated to be lower than sometimes suggested. The lack of agreement on the approach to be adopted when assessing non-State actor conflict points to the traditional interpretations of criteria developed pre-9/11 to categorize conflict being ill-suited to assess this form of contemporary violence.Less
This chapter focuses on the lack of legal consensus regarding how non-State violence is categorized and the requirement to determine when the thresholds for an armed conflict are met. The complexity of non-State actor conflict has resulted in an array of legal interpretations regarding conflict categorization. Non-State actor violence is variously linked to inter-State conflict, categorized as a conflict having an international character, as “extraterritorial law enforcement”, transnational armed conflict, or as noninternational armed conflict. In applying a “totality of the circumstances” approach and other recognized criteria, the threshold for armed conflict is demonstrated to be lower than sometimes suggested. The lack of agreement on the approach to be adopted when assessing non-State actor conflict points to the traditional interpretations of criteria developed pre-9/11 to categorize conflict being ill-suited to assess this form of contemporary violence.
Sandra F. Joireman
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199782482
- eISBN:
- 9780199897209
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199782482.001.0001
- Subject:
- Political Science, Political Theory
Governments, farmers, homeowners, and academics around the world agree that property rights are important. But what happens when the state fails to enforce them? This book describes how a variety of ...
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Governments, farmers, homeowners, and academics around the world agree that property rights are important. But what happens when the state fails to enforce them? This book describes how a variety of non-state actors define and enforce property rights in Sub-Saharan Africa when the state is weak or absent. Examining the roles played by traditional leaders, entrepreneurial bureaucrats, NGOs, and specialists in violence, this text argues that organic institutions can be helpful or predatory, depending on their incentives and context. Because organically developed institutions are not assumed to be either good or bad, the book develops a set of measurement criteria to assess which types of property regimes and enforcement mechanisms are helpful and which are harmful to social welfare. It focuses on the politics of property rights enforcement in both rural and urban communities in Ghana, Kenya, and Uganda. Describing what happens in specific communities, the book provocatively challenges the fallacy of legalism—the idea that changes in property law will lead to changes in property rights on the ground—arguing instead that states which change their property laws face challenges in implementation when they do not control the authority structures in local communities. The book provides new information about competitors to state power in Sub-Saharan Africa and the challenges of providing secure and defensible property rights.Less
Governments, farmers, homeowners, and academics around the world agree that property rights are important. But what happens when the state fails to enforce them? This book describes how a variety of non-state actors define and enforce property rights in Sub-Saharan Africa when the state is weak or absent. Examining the roles played by traditional leaders, entrepreneurial bureaucrats, NGOs, and specialists in violence, this text argues that organic institutions can be helpful or predatory, depending on their incentives and context. Because organically developed institutions are not assumed to be either good or bad, the book develops a set of measurement criteria to assess which types of property regimes and enforcement mechanisms are helpful and which are harmful to social welfare. It focuses on the politics of property rights enforcement in both rural and urban communities in Ghana, Kenya, and Uganda. Describing what happens in specific communities, the book provocatively challenges the fallacy of legalism—the idea that changes in property law will lead to changes in property rights on the ground—arguing instead that states which change their property laws face challenges in implementation when they do not control the authority structures in local communities. The book provides new information about competitors to state power in Sub-Saharan Africa and the challenges of providing secure and defensible property rights.
Andrew Kuper
- Published in print:
- 2004
- Published Online:
- November 2004
- ISBN:
- 9780199274901
- eISBN:
- 9780191601552
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199274908.001.0001
- Subject:
- Political Science, International Relations and Politics
Global organizations are exercising unprecedented power–from the hallowed halls of the UN to the closed boardrooms of multinational corporations. Yet their leaders are often scandalously ...
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Global organizations are exercising unprecedented power–from the hallowed halls of the UN to the closed boardrooms of multinational corporations. Yet their leaders are often scandalously unaccountable to the people they claim to serve. How can we ensure that global leaders act responsively, and effectively, in the interests of the world’s people? In this lucid and provocative book, Andrew Kuper develops persuasive and practical answers.Democracy Beyond Borders criticizes conventional theories of justice and democracy that focus almost exclusively on the state and its electoral cycles. Kuper shows how non-state actors, such as corporations and civil society advocates, can be brought into multi-level government as partners with states. He presents an original theory of representation to answer the problem of accountability. At the core of this vision is a new separation of powers, in which different global actors check and balance one another in a complex harmony. This innovative framework complements electoral accountability and enables Kuper to recommend far-reaching reforms to the World Courts, the UN, and advocacy agencies including Transparency International.Democracy Beyond Borders stands at the forefront of a new generation of political thought, for which globalization is the challenge and deepening democracy the solution.Less
Global organizations are exercising unprecedented power–from the hallowed halls of the UN to the closed boardrooms of multinational corporations. Yet their leaders are often scandalously unaccountable to the people they claim to serve. How can we ensure that global leaders act responsively, and effectively, in the interests of the world’s people? In this lucid and provocative book, Andrew Kuper develops persuasive and practical answers.Democracy Beyond Borders criticizes conventional theories of justice and democracy that focus almost exclusively on the state and its electoral cycles. Kuper shows how non-state actors, such as corporations and civil society advocates, can be brought into multi-level government as partners with states. He presents an original theory of representation to answer the problem of accountability. At the core of this vision is a new separation of powers, in which different global actors check and balance one another in a complex harmony. This innovative framework complements electoral accountability and enables Kuper to recommend far-reaching reforms to the World Courts, the UN, and advocacy agencies including Transparency International.Democracy Beyond Borders stands at the forefront of a new generation of political thought, for which globalization is the challenge and deepening democracy the solution.
Anja P. Jakobi
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199674602
- eISBN:
- 9780191752452
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199674602.003.0009
- Subject:
- Political Science, International Relations and Politics
This chapter analyzes the different roles of non-state actors in global crime governance. The chapter starts by elaborating on the complexity of global crime governance, which makes the involvement ...
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This chapter analyzes the different roles of non-state actors in global crime governance. The chapter starts by elaborating on the complexity of global crime governance, which makes the involvement of non-state actors in governance efforts more likely. In a second step, different categories of non-state contributions are presented, showing that the different attempts of global crime governance presented in the book vary significantly in how far they involve non-state actors. In the following section, the role of non-state actors in the global policy process is presented, showing that moral entrepreneurship at the beginning of a norm life cycle is only one among other crucial roles non-state actors play. In sum, the chapter shows that world society formation in global crime governance is accompanied by various and different contributions of non-state actors.Less
This chapter analyzes the different roles of non-state actors in global crime governance. The chapter starts by elaborating on the complexity of global crime governance, which makes the involvement of non-state actors in governance efforts more likely. In a second step, different categories of non-state contributions are presented, showing that the different attempts of global crime governance presented in the book vary significantly in how far they involve non-state actors. In the following section, the role of non-state actors in the global policy process is presented, showing that moral entrepreneurship at the beginning of a norm life cycle is only one among other crucial roles non-state actors play. In sum, the chapter shows that world society formation in global crime governance is accompanied by various and different contributions of non-state actors.
Christine Chinkin
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199231942
- eISBN:
- 9780191716140
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199231942.003.0007
- Subject:
- Law, Public International Law
This chapter considers some of the implications of different forms of private authority for the dichotomy between national and international law. Section 2 considers the contemporary significance of ...
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This chapter considers some of the implications of different forms of private authority for the dichotomy between national and international law. Section 2 considers the contemporary significance of the phenomenon of private authority to an understanding of the relationship between international and national law. Section 3 seeks to identify contemporary forms of private authority and possible bases of distinction between public and private authority. Section 4 explores some of the ways international and national law interact in addressing the accountability of private authorities. It is argued that the relationship between national and international law may be seen as chaotic, lacking order and precision, and therefore as requiring some legal categorization in order to recapture certainty. Alternatively it may be seen as accommodating new actors and opening new spaces for diverse forms of, and arenas for, regulation.Less
This chapter considers some of the implications of different forms of private authority for the dichotomy between national and international law. Section 2 considers the contemporary significance of the phenomenon of private authority to an understanding of the relationship between international and national law. Section 3 seeks to identify contemporary forms of private authority and possible bases of distinction between public and private authority. Section 4 explores some of the ways international and national law interact in addressing the accountability of private authorities. It is argued that the relationship between national and international law may be seen as chaotic, lacking order and precision, and therefore as requiring some legal categorization in order to recapture certainty. Alternatively it may be seen as accommodating new actors and opening new spaces for diverse forms of, and arenas for, regulation.
Theodor Meron
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199608935
- eISBN:
- 9780191729706
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199608935.003.0006
- Subject:
- Law, Human Rights and Immigration, Public International Law
In terms of conflict, non-state actors — and the problems they pose for the workings of the international system — were catapulted into the limelight by the World Trade Center attacks. It is not that ...
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In terms of conflict, non-state actors — and the problems they pose for the workings of the international system — were catapulted into the limelight by the World Trade Center attacks. It is not that non-state actors did not exist before that time, but rather that a new type of non-state actor seized the agenda and forced the international community as a whole to focus on the issue. Seemingly committed to the destabilization of many states, they have no discernible territorial aims and no wish to join the international system of states as it currently stands. They oftentimes publicly denounce the values expressed in international humanitarian law and one of their key tactics — that of deliberately targeting civilians — runs contrary to the fundamental rationale for having a body of international humanitarian law in the first place. What hope, then, is there that these increasingly radical non-state actors can be brought into the international system? How can non-state actors — of all types — be persuaded to accept obligations under international humanitarian law and how can the international community ensure that humanitarian standards are enforced? These are the key issues discussed in this chapter.Less
In terms of conflict, non-state actors — and the problems they pose for the workings of the international system — were catapulted into the limelight by the World Trade Center attacks. It is not that non-state actors did not exist before that time, but rather that a new type of non-state actor seized the agenda and forced the international community as a whole to focus on the issue. Seemingly committed to the destabilization of many states, they have no discernible territorial aims and no wish to join the international system of states as it currently stands. They oftentimes publicly denounce the values expressed in international humanitarian law and one of their key tactics — that of deliberately targeting civilians — runs contrary to the fundamental rationale for having a body of international humanitarian law in the first place. What hope, then, is there that these increasingly radical non-state actors can be brought into the international system? How can non-state actors — of all types — be persuaded to accept obligations under international humanitarian law and how can the international community ensure that humanitarian standards are enforced? These are the key issues discussed in this chapter.
Gilles Giacca
- Published in print:
- 2014
- Published Online:
- November 2014
- ISBN:
- 9780198717447
- eISBN:
- 9780191787010
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198717447.003.0006
- Subject:
- Law, Public International Law, Human Rights and Immigration
The final chapter is devoted to armed non-state actors (ANSAS). How, and to what extent, international law formally binds these actors is still debated. While it is largely uncontested that IHL ...
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The final chapter is devoted to armed non-state actors (ANSAS). How, and to what extent, international law formally binds these actors is still debated. While it is largely uncontested that IHL imposes certain obligations on ANSAs, application of other bodies of international law—particularly human rights law—is controversial. In this context, the chapter evaluates the extent to which these actors, ranging from armed groups to de facto regimes, hold any obligations under human rights law and looks at the implications for the protection of socio-economic rights. It shows how IHL may have a limited reach in terms of protection, in particular when it comes to socio-economic rights in situations where armed violence fall below the threshold of armed conflict or where non-state entities have a relatively stable control over the territory and population.Less
The final chapter is devoted to armed non-state actors (ANSAS). How, and to what extent, international law formally binds these actors is still debated. While it is largely uncontested that IHL imposes certain obligations on ANSAs, application of other bodies of international law—particularly human rights law—is controversial. In this context, the chapter evaluates the extent to which these actors, ranging from armed groups to de facto regimes, hold any obligations under human rights law and looks at the implications for the protection of socio-economic rights. It shows how IHL may have a limited reach in terms of protection, in particular when it comes to socio-economic rights in situations where armed violence fall below the threshold of armed conflict or where non-state entities have a relatively stable control over the territory and population.
Nehal Bhuta
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199691661
- eISBN:
- 9780191738593
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199691661.003.0006
- Subject:
- Law, Public International Law
States remain the primary actors on the international scene. This remains true although at present numerous state functions appear to be disaggregated and delegated to, or calibrated by reference to, ...
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States remain the primary actors on the international scene. This remains true although at present numerous state functions appear to be disaggregated and delegated to, or calibrated by reference to, a variety of non-state entities, such as transnational networks of officials, public-private administrative bodies operating at the transnational plane, or treaty-based arbitral bodies with specific functional competences. In recent years three sets of actors have appeared on the world scene: nongovernmental organizations (NGOs); (violent) non-state armed groups; and multinational corporations. Can they be legitimately associated to sovereign states? Every argument about who is and ought to be recognized as a subject of international law is striated with a normative vision of what makes international law legitimate and what purposes should be served by it (peace, justice, order, etc.). Sweeping institutional prescriptions for expanding and consecrating the role of non-state actors such as NGOs in international lawmaking and international institutions are neither realistic nor normatively desirable. Yet the value of democratic legitimacy in international politics remains uncertain where no clear demos can be identified, and where the actors claiming to represent democratic values are themselves rarely created and maintained in a democratic manner.Less
States remain the primary actors on the international scene. This remains true although at present numerous state functions appear to be disaggregated and delegated to, or calibrated by reference to, a variety of non-state entities, such as transnational networks of officials, public-private administrative bodies operating at the transnational plane, or treaty-based arbitral bodies with specific functional competences. In recent years three sets of actors have appeared on the world scene: nongovernmental organizations (NGOs); (violent) non-state armed groups; and multinational corporations. Can they be legitimately associated to sovereign states? Every argument about who is and ought to be recognized as a subject of international law is striated with a normative vision of what makes international law legitimate and what purposes should be served by it (peace, justice, order, etc.). Sweeping institutional prescriptions for expanding and consecrating the role of non-state actors such as NGOs in international lawmaking and international institutions are neither realistic nor normatively desirable. Yet the value of democratic legitimacy in international politics remains uncertain where no clear demos can be identified, and where the actors claiming to represent democratic values are themselves rarely created and maintained in a democratic manner.
Sandra F. Joireman
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199782482
- eISBN:
- 9780199897209
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199782482.003.0007
- Subject:
- Political Science, Political Theory
In Ghana, Kenya, and Uganda, governments have been willing to devote lawmaking effort and scarce resources to the clear definition and adjudication of land rights. However, making institutions ...
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In Ghana, Kenya, and Uganda, governments have been willing to devote lawmaking effort and scarce resources to the clear definition and adjudication of land rights. However, making institutions function on limited budgets and in all areas of the country is challenging. It requires political will that extends beyond law making and into areas of both enforcement and public awareness. In communities where the state does not enforce property rights, institutional innovation will occur to ensure that property rights are protected. Institutional innovation in a number of sites has included specialists in violence, bureaucratic entrepreneurs, and NGOs. However, the institutions that organically develop to define and protect property can blur the lines between state and non-state processes or may be suboptimal in nature, creating negative externalities for the societies in which they function.Less
In Ghana, Kenya, and Uganda, governments have been willing to devote lawmaking effort and scarce resources to the clear definition and adjudication of land rights. However, making institutions function on limited budgets and in all areas of the country is challenging. It requires political will that extends beyond law making and into areas of both enforcement and public awareness. In communities where the state does not enforce property rights, institutional innovation will occur to ensure that property rights are protected. Institutional innovation in a number of sites has included specialists in violence, bureaucratic entrepreneurs, and NGOs. However, the institutions that organically develop to define and protect property can blur the lines between state and non-state processes or may be suboptimal in nature, creating negative externalities for the societies in which they function.
Andrew Clapham
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780199288465
- eISBN:
- 9780191707681
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199288465.001.0001
- Subject:
- Law, Human Rights and Immigration
The threats to human rights posed by non-state actors are of increasing concern. Multinational corporations, armed oppositions groups, and the activities of international organizations such as the ...
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The threats to human rights posed by non-state actors are of increasing concern. Multinational corporations, armed oppositions groups, and the activities of international organizations such as the United Nations, NATO, and the European Union are increasingly examined with recourse to a human rights lens. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors and addresses some of the ways in which they can be held legally accountable in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some extending human rights into these spheres trivializes them and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, Canada, South Africa, and the United Kingdom is examined with regard to the application of human rights law to non-state actors.Less
The threats to human rights posed by non-state actors are of increasing concern. Multinational corporations, armed oppositions groups, and the activities of international organizations such as the United Nations, NATO, and the European Union are increasingly examined with recourse to a human rights lens. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors and addresses some of the ways in which they can be held legally accountable in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some extending human rights into these spheres trivializes them and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, Canada, South Africa, and the United Kingdom is examined with regard to the application of human rights law to non-state actors.
