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Author : Cecilia Bailliet
Publisher : Cambridge University Press
Page : 317 pages
File Size : 55,9 Mb
Release : 2012-08-09
Category : Law
ISBN : 9781107021853
This volume of essays examines challenges presented by non-state actors, quasi-legal norms, and gaps within normative and institutional frameworks.
Author : Cecilia M. Bailliet
Publisher : Unknown
Page : 318 pages
File Size : 50,9 Mb
Release : 2012
Category : International law
ISBN : 1139564560
This volume of essays examines challenges presented by non-state actors, quasi-legal norms, and gaps within normative and institutional frameworks.
Author : Stéphanie Lagoutte,Thomas Gammeltoft-Hansen,John Cerone
Publisher : Oxford University Press
Page : 330 pages
File Size : 41,5 Mb
Release : 2016-11-10
Category : Law
ISBN : 9780192508935
Soft law increasingly shapes and impacts the content of international law in multiple ways, from being a first step in a norm-making process to providing detailed rules and technical standards required for the interpretation and the implementation of treaties. This is especially true in the area of human rights. While relatively few human rights treaties have been adopted at the UN level in the last two decades, the number of declarations, resolutions, conclusions, and principles has grown significantly. In some areas, soft law has come to fill a void in the absence of treaty law, exerting a degree of normative force exceeding its non-binding character. In others areas, soft law has become a battleground for interpretative struggles to expand and limit human rights protection in the context of existing regimes. Despite these developments, little attention has been paid to soft law within human rights legal scholarship. Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes. The book argues that a better understanding of how soft law shapes and affects different branches of international human rights law not only provides a more dynamic picture of the current state of international human rights, but also helps to unsettle and critically question certain political and doctrinal beliefs. Following introductory chapters that lay out the general conceptual framework, the book is divided in two parts. The first part focuses on cases that examine the role of soft law within human rights regimes where there are established hard law standards, its progressive and regressive effects, and the role that different actors play in the incubation process. The second part focuses on the role of soft law in emerging areas of international law where there is no substantial treaty codification of norms. These chapters examine the relationship between soft and hard law, the role of different actors in formulating new soft law, and the potential for eventual codification.
Author : Cecilia M. Bailliet
Publisher : Unknown
Page : 318 pages
File Size : 49,8 Mb
Release : 2012
Category : International law
ISBN : 1139551027
This volume of essays examines challenges presented by non-state actors, quasi-legal norms, and gaps within normative and institutional frameworks.
Author : Cecilia M. Bailliet
Publisher : Cambridge University Press
Page : 317 pages
File Size : 53,5 Mb
Release : 2012-08-09
Category : Law
ISBN : 9781139560931
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.
Author : Math Noortmann,August Reinisch,Cedric Ryngaert
Publisher : Bloomsbury Publishing
Page : 424 pages
File Size : 43,7 Mb
Release : 2015-08-27
Category : Law
ISBN : 9781509901869
The role and position of non-state actors in international law is the subject of a long-standing and intensive scholarly debate. This book explores the participation of this new category of actors in an international legal system that has historically been dominated by states. It explores the most important issues, actors and theoretical approaches with respect to these new participants in international law. It provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives. Relevant non-state actors discussed in this volume include, in particular, international governmental organisations, international non-governmental organisations, multinational companies, investors and armed opposition groups. Their legal position is considered in relation to specific issue-areas, such as humanitarian law, human rights, the use of force and international responsibility. The main legal theories on non-state actors' position in international law – neo-positivism, the policy-oriented approach and transnational law – are covered at the beginning of the book, and the essential political science perspectives – on non-state actors' role in international politics and globalisation, as well as their soft power – are presented at the end.
Author : Ezequiel Heffes,Marcos D. Kotlik,Manuel J. Ventura
Publisher : Springer Nature
Page : 451 pages
File Size : 43,6 Mb
Release : 2019-11-28
Category : Law
ISBN : 9789462653399
This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict. With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes. The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law. Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.
Author : Antal Berkes
Publisher : Cambridge University Press
Page : 389 pages
File Size : 44,8 Mb
Release : 2021-06-17
Category : Law
ISBN : 9781108840620
An analysis of international human rights law's applicability and effectiveness in geographic areas where the State has lost territorial control.
Author : Daniel Bradlow,David Hunter
Publisher : BRILL
Page : 322 pages
File Size : 43,8 Mb
Release : 2019-12-09
Category : Law
ISBN : 9789004417021
Advocating Social Change through International Law, edited by Professors Daniel Bradlow and David Hunter, explores the use of hard and soft international law in advocating for social change. Using case studies rooted in inter alia human rights, international crimes, environmental protection, public heath, and financial regulation, the book focuses on both state and non-state actors’ strategic choices regarding the use of hard and soft international law in advocating for social change. Looking through the social change lens provides new insights into the interplay between soft and hard international law, the perceived costs and benefits associated with hard and soft international law in different contexts, and the factors affecting the effectiveness of hard and soft approaches to international law.
Author : Mariolina Eliantonio,Emilia Korkea-aho,Ulrika Mörth
Publisher : Edward Elgar Publishing
Page : 471 pages
File Size : 50,8 Mb
Release : 2023-11-03
Category : Law
ISBN : 9781839101939
This pioneering Research Handbook provides an in-depth scholarly overview of the field of soft law, exploring the scope of current thinking in the field as well as proposing future pathways for soft law research. Through theoretical and empirical analyses by established voices in the field, the Research Handbook offers important insights and much-needed clarity into the dynamic and complex nature of soft law. This title contains one or more Open Access chapters.
Author : Sumudu Atapattu
Publisher : Routledge
Page : 348 pages
File Size : 52,8 Mb
Release : 2015-10-16
Category : Law
ISBN : 9781317910619
Despite the clear link between climate change and human rights with the potential for virtually all protected rights to be undermined as a result of climate change, its catastrophic impact on human beings was not really understood as a human rights issue until recently. This book examines the link between climate change and human rights in a comprehensive manner. It looks at human rights approaches to climate change, including the jurisprudential bases for human rights and the environment, the theoretical framework governing human rights and the environment, and the different approaches to this including benchmarks. In addition to a discussion of human rights implications of international environmental law principles in the climate change regime, the book explores how the human rights framework can be used in relation to mitigation, adaption, and adjudication. Other chapters examine how vulnerable groups –women, indigenous peoples and climate "refugees" – would be disproportionately affected by climate change. The book then goes on to discuss a new category of people created by climate change, those who will be rendered stateless as a result of states disappearing and displaced by climate change, and whether human rights law can adequately address these emerging issues.
Author : Shireen Daft
Publisher : Routledge
Page : 276 pages
File Size : 40,6 Mb
Release : 2017-12-01
Category : Law
ISBN : 9781351985659
The concept of human security has emerged in international relations and policy as an idea which not only seeks to relocate the focus of international society on the individual, but also challenges the current priorities of the international community. In particular it places emphasis on promoting and facilitating a nexus between security, development and human rights. It is potentially a paradigm in the making, gaining considerable momentum within the UN, international relations scholarship and regional bodies. And yet by-and-large it continues to be unexplored by the international legal community, despite the success of a number of international treaties being attributed to the discourse. This book seeks to address this gap, and establish the nature of the relationship between human security discourse and international law, determining whether human security can meaningfully contribute to the international legal framework. To determine this, the book analyses the core principles of human security discourse and examines the degree to which they find parallels in the existing normative structure of international law. The book examines the how the broad-narrow debate that dominates human security discourse has played out in international law-making. It goes on to consider the processes for the creation of so called ‘human security’ treaties in order to determine a blueprint for future development of international human security treaty law. In concluding Shireen Daft sets out a structured principled approach through which international legal scholarship can engage with human security, highlighting the ways in which engagement between the two fields can be sustained.
Author : Vincent Chetail
Publisher : Oxford University Press
Page : 575 pages
File Size : 51,9 Mb
Release : 2019-04-04
Category : Law
ISBN : 9780191645457
International Migration Law provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons across borders. The role of international law in this field is complex, and often ambiguous: there is no single source for the international law governing migration. The current framework is scattered throughout a wide array of rules belonging to numerous fields of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime law, criminal law, and consular law. This textbook therefore cuts through this complexity by clearly demonstrating what the current international law is, and assessing how it operates. The book offers a unique and comprehensive mapping of this growing field of international law. It brings together and critically analyses the disparate conventional, customary, and soft law on a broad variety of issues, such as irregular migration, human trafficking, refugee protection, labour migration, non-discrimination, regional free movement schemes, and global migration governance. It also offers a particular focus on important groups of migrants, namely migrant workers, refugees, and smuggled migrants. It maps the current status of the law governing their movement, providing a thorough critical analysis of the various stands of international law which apply to them, suggesting how the law may continue to develop in the future. This book provides the perfect introduction to all aspects of migration and international law.
Author : Halder, Debarati,Jaishankar, K.
Publisher : IGI Global
Page : 344 pages
File Size : 42,6 Mb
Release : 2017-02-22
Category : Law
ISBN : 9781522524731
Law is a multi-dimensional aspect of modern society that constantly shifts and changes over time. In recent years, the practice of therapeutic jurisprudence has increased significantly as a valuable discipline. Therapeutic Jurisprudence and Overcoming Violence Against Women is a comprehensive reference source for the latest scholarly research on the strategic role of jurisprudential practices to benefit women and protect women’s rights. Highlighting a range of perspectives on topics such as reproductive rights, workplace safety, and victim-offender overlap, this book is ideally designed for academics, practitioners, policy makers, students, and practitioners seeking research on utilizing the law as a social force in modern times.
Author : Management Association, Information Resources
Publisher : IGI Global
Page : 2006 pages
File Size : 55,8 Mb
Release : 2018-08-03
Category : Social Science
ISBN : 9781522569138
Today, gender inequality and diversity are at the forefront of discussion, as the issue has become an international concern for politicians, government agencies, social activists, and the general public. Consequently, the need to foster and sustain diversity and inclusiveness in the interactions among various groups of people is relevant today more than ever. Gender and Diversity: Concepts, Methodologies, Tools, and Applications provides a critical look at gender and modern-day discrimination and solutions to creating sustainable diversity across numerous contexts and fields. Highlighting a range of topics such as anti-discrimination measures, workforce diversity, and gender inequality, this multi-volume book is designed for legislators and policy makers, practitioners, academicians, gender studies researchers, and graduate-level students interested in all aspects of gender and diversity studies.