Description : 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.
Description : In the 21st century, one of the most noteworthy changes in the human rights debate relates to the increased recognition of the link between business and human rights. This book is an attempt to explore this relationship and also to look into the obligations of the state and transnational corporations in the promotion of human rights. Business and Human Rights discusses how globalization has affected individuals in the enjoyment of their human rights in relation to the activities of corporations. The book addresses what additional steps the states should take to protect against human rights abuses by business enterprises that are owned or controlled by the state. Moreover, it covers, in depth, the role and contribution of the United Nations in business and human rights. The book includes several real-life case studies to help the readers understand the topics discussed.
Description : The United Nations Arms Trade Treaty became binding international law in late 2014, and although the text of the treaty is a relatively concise framework for assessing whether to authorize or deny proposed conventional weapons transfers by States Parties, there exists controversy as to the meaning of certain key provisions. Furthermore, the treaty requires a national regulatory body to authorize proposed transfers of conventional weapons covered by the treaty, but does not detail how such a body should be established and how it should effectively function. The Arms Trade Treaty: A Commentary explains in detail each of the treaty provisions, the parameters for prohibitions or the denial of transfers, international cooperation and assistance, and implementation obligations and mechanisms. As states ratify and implement the Treaty over the next few years, the commentary provides invaluable guidance to government officials, commentators, and scholars on the meaning of its contentious provisions. This volume describes in detail which weapons are covered by the treaty and explains the different forms of transfer that the Arms Trade Treaty regulates. It covers international human rights, trade, disarmament, humanitarian law, criminal law, and state-to-state use of force, as well as the application of the treaty to non-state actors.
Description : The rise of globalization and the persistence of global poverty are straining the territorial paradigm of human rights. This book asks if states possess extraterritorial obligations under existing international human rights law to respect and ensure economic, social and cultural rights and how far those duties extend. Taking a departure point in theory and practice, the book is the first of its kind to analyze the principal cross-cutting legal issues at stake: the legal status of obligations, jurisdiction, causation, division of responsibility, and remedies and accountability. The book focuses specifically on the role of states but also addresses their duties to regulate powerful nonstate actors. The authors demonstrate that many key issues have been resolved or clarified in international law while others remain controversial or await the development of further practice, particularly the scope of jurisdiction and the quantitative dimension of extraterritorial obligations to fulfil.
Description : States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.
Description : This clear and compelling book challenges the reader to rethink the entire basis for human rights, providing a vastly different vision of a way forward out of our current quagmire. Mark Gibney persuasively advocates for a much broader reading of the law on state responsibility, arguing that current law misses most of the ways in which states fail to protect human rights and police violations. Calling for other measures to provide victims the "effective remedy" that international human rights law promises, Gibney sets forth a series of practical steps that would profoundly change the nature of human rights protection.
Description : Is there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and man border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices for refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions is discussed. The arguments are further linked to wider debates in human rights, general international law and political science.