Non-State Actors, Soft Law and Protective Regimes From the Margins

By offering critical perspectives of normative developments within international law, this volume of essays unites academics from various disciplines to address concerns regarding the interpretation and application of international law in context. The authors present common challenges within international criminal law, human rights, environmental law and trade law, and point to unintended risks and consequences, in particular for vulnerable interests such as women and the environment. Omissions within normative or institutional frameworks are highlighted and the importance of addressing accountability of state and non-state actors for violations or regressions of minimum protection guarantees is underscored. Overall, it advocates harmonisation over fragmentation, pursuant to the aspiration of asserting the interests of our collective humanity without necessarily advocating an international constitutional order.

Introduction Cecilia M. Bailliet; Part I. Protection Gaps within International Criminal Law: 1. Creating international law: gender as new paradigm Catherine MacKinnon; 2. Legal redress for children on the front line: the invisibility of the female child Christine Byron; 3. Understanding the post-conflict terrain for women in the context of prevailing gender hierarchies: stereotypes and masculinities Fionnuala Ni Aoláin; 4. Who is the most able and willing? Complementarity and victim reparations at the International Criminal Court Edda Kristjánsdóttir; Part II. Measuring the Impact of Non-State Actors within International Human Rights: 5. What is to become of the human rights-based international order within an age of neo-medievalism? Cecilia M. Bailliet; 6. Productive tensions: women's rights NGOs, the 'mainstream' human rights movement, and international lawmaking Karima Bennoune; 7. Transnational lawmaking in Oslo - Norwegian-Pakistani women at the interface Anne Hellum; Part III. Confronting the Challenge of Environmental Protection, Climate Change, and Sustainable Development: New Actors and Shifting Norms: 8. The creation of international law of climate change: complexities of sub-state actors Hari M. Osofsky; 9. International environmental law and soft law: a new direction or a contradiction? Sumudu Atapattu; 10. Assuming away the problem: grappling with the vexing relationship between international trade and environmental protection Rebecca Bratspies; 11. Quo vadis, Europe? The significance of sustainable development as objective, principle and rule of EU law Beate Sjåfjell; 12. Conclusion Hilary Charlesworth.

Cecilia M. Bailliet is a professor at the Faculty of Law, University of Oslo, where she is also Deputy Director of the Department of Public and International Law and Director of the Masters Programme in Public International Law. Her fields of research include international public law, human rights, refugee law and counter-terrorism.