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Human Rights Obligations of Non-State Actors

Author: Andrew Clapham

Publisher: OUP Oxford

Published: 2006-03-02

Total Pages: 2518

ISBN-13: 0191018627

The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. 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. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions 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 human rights 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, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy. While neither concept can unravel the dilemmas involved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.

Non-state Actors and Human Rights

Author: Philip Alston

Publisher: Collected Courses of the Acade

Published: 2005

Total Pages: 408

ISBN-13:

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The 'not-a-cat' syndrome : can the international human rights regime accommodate non-state actors? / Philip Alston -- The changing international legal framework for dealing with non-state actors / August Reinisch -- The evolving status of NGOs under international law : a threat to the inter-state system? / Menno T. Kamminga -- Economic, social, and cultural human rights and the International Monetary Fund / François Gianviti -- Catching the conscience of the king : corporate players on the international stage / Celia Wells and Juanita Elias -- Corporate responsibility and the international law of human rights : the new Lex Mercatoria / Ralph G. Steinhardt -- The accountability of multinationals for human rights violations in European law / Olivier de Schutter -- Human rights responsibilities of business as non-state actors / David Weissbrodt and Muria Kruger.

Extracting Accountability from Non-State Actors in International Law

Author: Lee James McConnell

Publisher: Taylor & Francis

Published: 2016-11-10

Total Pages: 276

ISBN-13: 1317220579

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The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power. This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. The operations of these entities highlight the practical flaws of existing accountability regimes and permit an exploration of the theoretical challenges that preclude their direct legal regulation at the international level. Drawing insights from discursive democracy, compliance theories and the Pure Theory of Law, the book establishes a conceptual foundation for the creation of binding international obligations addressing non-State actors. Responding to the recent calls for a binding business and human rights treaty at the UN Human Rights Council, and the growing influence of armed non-State actors, the book makes a timely contribution to debates surrounding the direction of future developments in the field of international human rights law.

Armed Non-State Actors in International Humanitarian and Human Rights Law

Author: Dr Konstantinos Mastorodimos

Publisher: Ashgate Publishing, Ltd.

Published: 2016-01-28

Total Pages: 316

ISBN-13: 1472456181

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The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.

International Human Rights Law Beyond State Territorial Control

Author: Antal Berkes

Publisher: Cambridge University Press

Published: 2021-06-17

Total Pages: 389

ISBN-13: 1108840620

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An analysis of international human rights law's applicability and effectiveness in geographic areas where the State has lost territorial control.

Non-state Actors in the Human Rights Universe

Author: George J. Andreopoulos

Publisher: Kumarian Press

Published: 2006

Total Pages: 385

ISBN-13: 1565492137

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* Examines broad range of non-state actors engaged in activities that violate, promote, or protect human rights * Looks at human rights issues in bioethics, armed conflicts, labor, and welfare reform Despite the widespread acceptance of human rights at the normative level, actual progress toward the realization of human rights globally has been far from satisfactory. Concerned with human rights outcomes, this book departs from analyses that focus on the role of the state in human rights promotion and urges the study of the entire human rights universe. Transcending as well the literature on the role of NGOs, the book examines a broad range of non-state actors engaged in various activities that violate, promote or protect human rights. Contributing authors examine several important issues, such as bioethics, armed conflicts, and welfare reform, while stressing the need for accountability and mechanisms for curbing human rights violations. Other Contributors: Michael Goodhart, Herbert F. Spirer, Louise Spirer, Rainer Braun, Judy Gearhart, James L. Gunderson, J. Paul Martin, Richard Falk, Ruth Macklin, Alice Page, Anne Nelson, Thomas R. Lansner, Kevin Bales, Dana-Ain Davis, and Willy Fautre.

Responsibility for Human Rights

Author: David Jason Karp

Publisher: Cambridge University Press

Published: 2014-03-27

Total Pages: 217

ISBN-13: 1107037883

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An original analysis of which global actors are responsible for human rights in today's world and why.

Human Rights and Non-state Actors

Author: Andrew Clapham

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9781781004029

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The question of whether non-state actors have human rights obligations is ultimately dependent on what we mean when we speak of human rights and what entities we consider to be non-state actors. Focusing the debate, this important collection presents an essential set of contributions which address these questions. An original introduction provides the context for the selection of papers that, first offer a general overview, and then a focus on the roles and impact of national legal orders, international organizations, corporations and rebel groups. This volume is essential reading for anyone interested in the fast-moving developments related to the ways human rights law now applies to non-state actors.

Responsibilities of the Non-State Actor in Armed Conflict and the Market Place

Author: Noemi Gal-Or

Publisher: Hotei Publishing

Published: 2015-05-12

Total Pages: 405

ISBN-13: 9004293639

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The central question of this pioneer work on the responsibility of non-state actors (NSAs) and the consequences thereof, is: To whom are such actors, in particular armed opposition groups and business corporations, accountable for their actions in armed conflict and in peace times? Does responsibility in international law apply to these NSAs qua groups? While much has been written about NSAs’ rights and participation in the global theatre as well as the responsibility of the state and international organisations for wrongful acts by NSAs, scant attention has been paid to questions of NSA organizational responsibility, in spite of their potential to wreak international havoc. This volume offers innovative insights into this unexplored territory by analyzing responsibility questions from both theoretical and empirical perspectives.

Human Rights Obligations of Non-State Armed Groups

Author: Daragh Murray

Publisher: Bloomsbury Publishing

Published: 2016-05-05

Total Pages: 346

ISBN-13: 1509901655

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This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation. The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity. Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group. ''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.'' Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.