Suchergebnisse

pt. I. Non-state actors in the theory of international law -- pt. II. The empirical approach : selected non-state actors -- pt. III. Participation by non-state actors in international legal processes -- pt. IV. Non-state actors' accountability : the quest for new paradigms.

"This book explores the multifaceted dynamics between state and non-state actors in public policy during and after conflict in the Middle East and Africa. It offers case studies and policy-relevant ideas for conflict-affected areas to move forward in a more sustainable manner. Following the Arab Spring revolutions, civil wars have plagued the Middle East and North Africa region, along with other countries in Africa. The task of rebuilding peace and institutionalizing stability in conflict-affected countries or fragile states emerging from conflict is a daunting, uncertain, and context-specific task. Yet focusing on understanding conflicts in the Middle East and Africa offers an important view of the role of non-state actors during conflicts. These regions feature the highest numbers of inter- and intra-state conflicts, and the governments are more often contested than in the rest of the world. The volume proposes different cases addressing the fundamental challenge of inclusion and cohesion of non-state actors during conflicts. By providing a comprehensive exploration of diverse perspectives, it empowers readers to engage with the pressing issues facing these regions. This is a useful resource for students and researchers in public policy and governance studies, development studies and NGOs, and Middle East and African Studies"--

While entities as different as armed groups, multinational corporations, political parties, megacities, labour unions, terrorist organisations, or indigenous peoples are mentioned as non-state actors in the relevant literature, rural communities are never referred to. This book addresses the role of rural communities as non-state actors, lifting this invisibility veil with arguments coming from three theories of/scholarly approaches to international law: positivism, sociolegal realism (the New Haven School), and constitutionalism. It argues, first, that rural communities are recognised by the community of states as derived subjects of international law since they are made bearers of rights and duties in some major multilateral treaties. Second, rural communities have the ability to affect international lawmaking as they acquire the tools to influence decision-making in international arbitration and court litigation. Finally, the book highlights the need to recognise the status of rural communities when seeking global justice, as these are the communities that benefit the least from globalisation, while paying the highest price in terms of damage to the natural and sociocultural environment. Advocating for the existence of some supreme norms above the will of the states and the recognition of rural communities as non-state actors, this book will be of interest to academics, policy-makers, and non-governmental organisations working in the field of public international law and rural social matters.

Violent Non-State Actors: The Politics of Territorial Governance is an original in-depth scholarly explanation of the impact of territorial penetration, control and governance on the effectiveness of the activities of violent non-state actors (VNSA). The theoretical framework operates with the assertion that a non-linear causal relationship mediated through the capacity for territorial control and governance exists between the effectiveness of objective achievement and territorial penetration. Using four case studies, Zdeněk Ludvík links these interrelated concepts of territorial penetration, territorial control and territorial governance into an interrelated sequentially conceptualized causal framework. To this end, extensive and unique empirical material gathered to examine the activities of VNSA in considerable detail presents a wholly original and comprehensive method of measuring the degree of territorial capability of VNSA. Zdeněk Ludvík demonstrates that there is no directly proportional relationship between territorial penetration and objective effectiveness, since neither territorial penetration nor territorial control alone are sufficient to achieve increased effectiveness. He shows that territorial penetration and territorial governance are necessary conditions for objective effectiveness, since only when territorial penetration and territorial control are followed by territorial governance at the level of advanced wartime social order can VNSA hope to achieve a higher degree of effectiveness.

In an earlier paper Dr. R. D. McKinlay and I argued that the concept of interdependence was useless as a research tool since it was used to cover such wide and disparate ranges of phenomena that it virtually became a summary description of the current state of the international system, in which it was impossible to disentangle cause, consequence, and manifestation. We suggested that the varieties of literature subsumed under the term did none the less call attention to a number of important questions that need to be explored, among them the following:

One of the most pressing issues confronting the multilateral trade system is the challenge posed by the rapid proliferation of preferential trade agreements. Plenty has been written about why governments might choose to negotiate preferentially or multilaterally, but until now it has been written almost exclusively from the perspective of governments. We know very little about how non-state actors view this issue of 'forum choice', nor how they position themselves to influence choices by governments about whether to emphasize PTAs or the WTO. This book addresses that issue squarely through case studies of trade policy-making and forum choice in eight developing countries: Chile, Colombia, Mexico, South Africa, Kenya, Jordan, Indonesia and Thailand. The case studies are based on original research by the authors, including interviews with state and non-state actors involved in the trade policy-making process in the eight countries of this study

During armed conflict, non-State armed groups deprive individuals of their liberty. While this is not a new phenomenon, its pervasiveness is reflected by recent examples in Colombia, Libya, Syria, Ukraine, Mali and the Democratic Republic of the Congo. Yet, examining these activities goes beyond its mere acknowledgment. It involves questions concerning their legality and the non-State armed groups' motivations when depriving individuals of their liberty. Drawing on his personal experiences while working for various humanitarian organizations, Ezequiel Heffes aims at elucidating how international law can be used as a protective tool in relation to individuals placed in detention by non-State armed groups. Based on case studies of selected groups and a normative and doctrinal analysis, he proposes minimum humanitarian principles applicable to those situations. By addressing a contemporary issue that touches upon a number of legal regimes, this study makes a valuable contribution to the law applicable in armed conflict