Extracting Accountability from Non-State Actors in International Law Assessing the Scope for Direct Regulation Human Rights and International Law Series
Auteur : McConnell Lee James
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.
1. Introduction 2. The State as the Basis of Legal Validity 3.The Practical Failings of State-centric Accountability Regimes 4. The Theoretical Scope for Direct Non-State Actor Regulation 5. Abandoning the State: Towards an Alternative Theoretical Framing 6. Conclusion
Lee McConnell is a lecturer at Northumbria University, UK.
Date de parution : 10-2018
15.6x23.4 cm
Date de parution : 10-2016
15.6x23.4 cm
Disponible chez l'éditeur (délai d'approvisionnement : 14 jours).
Prix indicatif 172,36 €
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Mots-clés :
nonState Actors; Pure Theory of Law; nonState Armed Groups; regulation of non-state actors; International Humanitarian Law; international regulation of multinational corporations; non-State Armed Groups; human rights abuses and non-State armed groups; ICJ Report; business and human rights; Weak Governance States; ISIS; International Law; Islamic State; Noninternational Armed Conflict; Non-International Armed Conflict; non-State Actor Regulation; Public International Law; Human Rights; non-State Armed; Additional Protocol II; Weak Governance Zones; UNGA Re; Western Sahara; Jean Pierre Bemba Gombo; Doc CCPR; non-State Actor Participation; ICC Statute; International Legal; Pure Theory; State-centric Scholarship; ILP