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Non-State Actors and Human Rights


ISBN13: 9780199272822
ISBN: 0199272824
Published: July 2005
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £60.00
Hardback edition , ISBN13 9780199272815



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Can transnational corporations ignore human rights as long as governments don't hold them accountable? If the UN is put in charge of a territory, is it bound by human rights law? Does that body of law apply to private security contractors who use torture to achieve their goals? Does the right to freedom of speech apply in a private shopping mall which has become the modern-day town centre? Under traditional approaches to human rights, non-State actors are beyond the direct reach of international human rights law.

They cannot be parties to the relevant treaties and so they are only bound to the extent that obligations accepted by States can be applied to them by governments. The result is that entities including Non-Governmental Organizations, international organizations such as the UN and the IMF, private security contractors, and transnational corportaions, along with many others, are generally considered not to be bound directly by human rights law. This situation threatens to make a mockery of much of the international system of accountability for human rights violations. As privatization, outsourcing, and downsizing place ever more public or governmental functions into the hands of private actors, the human rights regime must adapt if it is to maintain its relevance.

The contributors to this volume examine the different approaches that might be taken in order to ensure some degree of accountability. Making space in the legal regime to take account of the role of non-State actors is one of the biggest and most critical challenges facing international law today.

Subjects:
Human Rights and Civil Liberties
Contents:
Part I: ;Introduction
1. Philip Alston: The 'Not-a-Cat' Syndrome: Can the International Human Rights Regime Accommodate Non-State Actors?
2. August Reinisch: The Changing International Legal Framework for Dealing with Non-State Actors
Part II: ;Non-Governmental Organizations and International Organizations as Non-State Actors
3. Menno T. Kamminga: The Evolving Status of NGOs under International Law: A Threat to the Inter-State System?
4. François Gianviti: Economic, Social, and Cultural Rights and the International Monetary Fund
Part III: ;Corporations
5. Celia Wells and Juanita Elias: Catching the Conscience of the King: Corporate Players on the International Stage
6. Ralph Steinhardt: Corporate Responsibility and the International Law of Human Rights: The New Lex Mercatoria
7. Olivier de Schutter: The Accountability of Multinationals for Human Rights Violations in European Law
8. David Weissbrodt and Muria Kruger: Human Rights Responsibilities of Businesses as None-State Actors
Mary Rumsey: Bibliography on Non-State Actors in International Law

Series: Collected Courses of the Academy of European Law

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ISBN 9780198812067
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£86.00
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Published November 2018
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£66.00
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The Internal Market as a Legal Concept ISBN 9780198794813
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ISBN 9780198769279
Published February 2016
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Environmental Law Dimensions of Human Rights
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ISBN 9780198736141
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The Cultural Dimension of Human Rights (eBook) ISBN 9780191004247
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The Cultural Dimension of Human Rights ISBN 9780199642120
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ISBN 9780199570546
Published May 2009
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Environmental Protection: European Law and Governance
Edited by: Joanne Scott
ISBN 9780199565177
Published February 2009
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New Technologies and Human Rights
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ISBN 9780199562572
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Developments in EU External Relations Law
Edited by: Marise Cremona
ISBN 9780199552894
Published September 2008
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Human Rights, Intervention, and the Use of Force (eBook) ISBN 9780191021787
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Human Rights, Intervention, and the Use of Force ISBN 9780199552719
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Human Rights, Intervention, and the Use of Force ISBN 9780199552726
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Labour Rights as Human Rights ISBN 9780199281060
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Europe's Area of Freedom, Security, and Justice
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Europe's Area of Freedom, Security, and Justice
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Accountability in the European Union
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Gender and Human Rights
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Good Governance in Europe's Integrated Market ISBN 9780199246083
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Discrimination and Human Rights
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The EU, the WTO and the NAFTA: Towards a Common Law of International Trade ISBN 9780199248124
Published July 2002
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Collected Courses of the Academy of European Law: Vol 9, No.2. Peoples' Rights
ISBN 9780198298755
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Peoples' Rights
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The European Court of Justice ISBN 9780199246021
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The EU, the WTO and the NAFTA: Towards a Common Law of International Trade ISBN 9780198298748
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