The Normative Position Of International Non Governmental Organizations Under International Law
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The Normative Position of International Non-Governmental Organizations under International Law by Rephael Harel Ben-Ari Pdf
Exploring contemporary juridical theories regarding the normative position of INGOs vis-à-vis the subjects of international law, this book engages in a thorough contextual-historical and interdisciplinary evaluation of the potential to generate solutions for the exercise of unregulated authority outside the state-system.
The Legal Status of International Non-Governmental Organizations by Rephael Harel Ben-Ari Pdf
The discourse regarding the legal status of international non-governmental organizations (INGOs) is not new; in fact, it has already progressed throughout the last 100 years. However, most of the proposals to grant official status to INGOs, or to otherwise regulate their cross-border activity, are relatively unknown to international lawyers. A perusal of these initiatives against their unique historical background will prove highly significant in dissecting the complexities involved in formulating a comprehensive scheme for the regulation of INGOs. Innovatively, this work outlines and evaluates the sequence of attempts to propose a formal status for INGOs. It demonstrates how this historical contextual analysis provides an invaluable perspective that is essential for the informed review of contemporary schemes and theoretical trends, relevant to the consideration of the status of INGOs. Unfortunately, most contemporary writers and activists who deal with the normative aspects of INGO activity neglect this crucial perspective.
Non-State Actor Dynamics in International Law by Cedric Ryngaert Pdf
Non-state actors have always been treated with ambivalence in the works of international law. While their empirical existence is widely acknowledged and their impact and influence uncontested, non-state actors are still not in the centre of international legal research. The idea that non-state actors are not law-makers, however, stands in sharp contrast with the growing notion of non-state actors as law-takers. This book examines the position of non-state actors in international law as law-makers and law-takers and questions whether these different positions can or should be separated from each other. Each contribution reveals both the political and normative aspects of the question as well as the positivistic possibilities and constraints to accommodate non-state actors as law-takers and law-makers in the contemporary international legal system. Altogether, each expert reveals that the position of non-state actors in international law is not a fixed one but changes with the functional and theoretical perspectives of the observer. Non-State Actor Dynamics in International Law is a welcomed addition to an under researched field of legal study. An indispensable read to scholars and policy makers wishing to gain new insights into general discourse on non-state actors in international law and the process of norm formation in the international realm.
Non-Governmental Organisations in International Law by Anna-Karin Lindblom Pdf
Non-governmental organizations (NGOs) play an increasing political role on the international scene, and their position in relation to international law is generally regarded as important but informal. Their actual legal status has not been the subject of much investigation. This book examines the legal status of NGOs in different fields of international law, with emphasis on human rights law. The rights, obligations, locus standi and consultative status of NGOs are explored by means of a thorough examination of international legal rules and practices. .
Non-state Actors in International Law by Math Noortmann,August Reinisch,Cedric Ryngaert Pdf
"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."--Résumé de l'éditeur.
NGOs in International Law by Pierre-Marie Dupuy,Luisa Vierucci Pdf
The essays are persuasive and well-written and, all in all, the book makes an indelible contribution to the legal discourse surrounding this subject. Although the essays are presented with sufficient detail and structure for legal specialists, it would be extremely useful for lobbying practitioners. It is equally essential reading for larger NGOs who wish to improve existing partnership efforts as well as smaller NGOs in developing countries who would like to know more about the policy considerations underpinning current limitations to the NGO s role. Akima Paul, Vienna Online Journal on International Constitutional Law The increasing importance of NGOs has forced international institutions to pay attention to issues of participation and transparency. This excellent book provides comprehensive and insightful analyses of how international bodies accommodate NGOs and their concerns. It forthrightly addresses the uncertain legal status of NGOs in international law. Edith Brown Weiss, Georgetown University Law Center, US No one can deny the significance that NGOs have at the international level, or the dynamism some of them have shown in promoting change, whether in the context of the International Criminal Court or the environment, etc. This is a lively and well-informed account of the wide range of NGOs at the international level, their continuing search for status and (what is more important) access, and also of the abuses sometimes involved, e.g. with servile NGOs in the human rights field. This collection provides an important source of information about an important source of influence on our lives. James Crawford, Cambridge University, UK A timely and useful book that highlights the multi-faceted role of NGOs on the international scene and the rules and practices which have been designed to this end. Laurence Boisson de Chazournes, University of Geneva, Switzerland This book offers a refreshing and well-informed approach to the contentious issues of the role, legal status and consequences of NGOs in international law. The authors provide insightful and high quality analyses of the theories, applications and realities of NGO participation in a wide range of international activity. Robert McCorquodale, University of Nottingham, UK This is a timely and important contribution. It assists in our understanding of developments that have theoretical and practical implications for the changing international legal order. Philippe Sands, University College London, UK The increasing role that NGOs play at different levels of legal relevance from treaty-making to rule implementation, and from support to judges to aid delivery calls for reconsideration of the international legal status of those organizations. This book shows that the degree of flexibility currently enjoyed by NGOs in fields as varied as human rights, the environment and the European Union development cooperation policy constitutes the best arena for all actors involved, with the consequences that the instances where more strict regulation of NGOs participation is desirable are very limited. With each chapter focusing on a different modality of NGO participation in international affairs (from formalised legal statuses to informal ways of dealing with issues of international relevance), this book will be of great interest to academics specialised in international law, political scientists, international officials working for both international organisations and non-governmental organisations, and legal practitioners (legal counsels of international organisations, lawyers and judges).
Non-State Actors in International Law by Math Noortmann,August Reinisch,Cedric Ryngaert Pdf
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.
In its forty-fourth session the General Assembly of the United Nations proclaimed the 1990s as the Decade of International Law . One of the main purposes of the decade is the promotion of effective means for peaceful international dispute settlement, and, especially, strenghtening the role of & respect for the International Court of Justice, the principal judicial organ of the United Nations. The editors of this book contribute to this aim by bringing together a variety of opinions by international legal experts on peaceful dispute settlement. The subject is approached from different angles, ranging from the role of the International Law Commission & the Non-Aligned Movement to human rights & space law disputes, in order to identify areas of international law where room exists for further development of existing means for peaceful settlement of international disputes. A general conclusion which can be drawn from this survey is that the focus of attention should not be aimed primarily at strenghtening the role of the International Court of Justice, e.g. by amending some of its rules or by trying to increase its political acceptability through diplomatic efforts. Instead, the focus should be on small scale improvements within specific areas of international law with an emphasis on the relation between dispute settlement & supervision. Furthermore, it seems essential for a real improvement to give non-governmental organisations or private persons a greater role in upholding the rule of international law, whether in domestic courts or in international fora. This work has been published previously in the Leiden Journal of International Law, Special Issue (3 LJIL 90).
Author : Sergey Ripinsky,Peter van den Bossche Publisher : British Institute for International & Comparative Law Page : 0 pages File Size : 40,7 Mb Release : 2007 Category : International agencies ISBN : 1905221193
NGO Involvement in International Organizations by Sergey Ripinsky,Peter van den Bossche Pdf
"In light of the growing influence of Non-Governmental Organizations (NGOs) in international decision-making, this book investigates the arrangements for NGO involvement in the activities of a range of international institutions, and examines and compares relevant rules and practices." --Résumé de l'éditeur.
Status of NGOs in International Humanitarian Law by Claudie Barrat Pdf
In Status of NGOs in International Humanitarian Law, Claudie Barrat examines the legal framework applicable to NGOs in situations of armed conflict. The author convincingly demonstrates, contrary to convention, that in addition to the ICRC, the National Societies and the IFRC, numerous other NGOs referenced in humanitarian law treaties have a legal status in IHL and therefore legitimate claim to employ IHL provisions to respond to current challenges. On the basis of clear and thorough definitions of these entities, Barrat argues that existing NGOs meeting stringent definition can benefit from customary rights and obligations in both international and non-international armed conflict.
The Legal Position of Intergovernmental Organizations by Peter Bekker Pdf
Presents an overall functional necessity approach to the study of the legal position of intergovernmental organizations. The text provides a three-step analysis that relates an organization's legal status, privileges and immunities to the functions and purposes of the organization.
Non-state Actors as New Subjects of International Law by Rainer Hofmann,Nils Geissler Pdf
Traditionally, the only recognized subjects of public international law have been states and intergovernmental organizations. In light of the gradually changing role of the state as a consequence of the increasing process of globalization, there appears to be a growing tendency to involve non-state actors, such as non-governmental and para-governmental organizations, multinational enterprises, individuals and groups of individuals (e.g. minorities), as participants in the international law-making process. Is public international law, thus, showing a tendency to extend the number of its recognized subjects? Have new subjects of international law emerged, in addition to states and intergovernmental organizations? These questions were addressed during the 1998 International Law Symposium which brought together 26 leading scholars from the United States and Europe. In spite of the many questions that remain open, it is quite evident that the continuing process of globalization has already resulted in important changes to the traditional international order: Until recently, the role of states as the dominant actors within the sphere of public international law had remained unchallenged. This role is now being modified or even decreasing due to the increasing involvement of non-state actors.
A Foucauldian Approach to International Law by Leonard M. Hammer Pdf
Foucault's challenging view of power and knowledge as the basis for interpreting the international system forms the central themes of this book. As the application of international law expands and develops this book considers how Foucault's approach may create a viable framework that is not beset by ontological issues. With International law essentially stuck within an older framework of outmoded statist approaches, and overly broad understanding of the significance of external actors such as international organizations; current interpretations are either rooted in a narrow attempt to demonstrate a functioning normative structure or interpret developments as reflective of some emerging and somewhat unwieldy ethical order. This book therefore aims to ameliorate the approaches of a number of different 'schools' within the disciplines of international law and international relations, without being wedded to a single concept. Current scholarship in international law tends to favour an unresolved critique, a utopian vision, or to refer to other disciplines like international relations without fully explaining the significance or importance of taking such a step. This book analyses a variety of problems and issues that have surfaced within the international system and provides a framework for consideration of these issues, with a view towards accounting for ongoing developments in the international arena.