Suchergebnisse

Over the past three decades, there has been a steady increase of funds by the international community to support civil society organizations (CSOs) in fragile states. Surprisingly, this growing attention has not strengthened local civil society landscapes in a way that it would lead to processes of social transformation. On the contrary, civic freedom and space is shrinking around the globe. In analyzing prominent international aid-effectiveness frameworks and donor strategies towards civil society, this paper will put forward one central argument. The way in which civil society actors and functions are currently appropriated threatens deep-rooted social transformation thereby impeding processes of structural and political change—necessary for the transition from conflict to sustainable peace. In delineating, how actors and functional approaches informed peacebuilding and development policy and practice, their strengths and limitations will be examined. Doing so, we draw on different case studies and examples from the literature. We find that existing frameworks for fragile states operate on a presumed model of a public sphere and civil society that may or may not exist. Such an approach disregards an organic formation of a civil society landscape thereby impeding processes of structural, social, and political change in times of fragility.

Bruno Sousa Rodrigues, UNCITRAL and the Governance of International Investments -- Rosario Ojinaga Ruiz and Maria Lina Leiva, EU as a Driver in the Judicialization Process of International Investment Disputes: ISDS Reform and EU Judicial System -- Eleni–Amalia Giannakopoulou and Marios Tokas, Compulsory Optionality: International Standardizing Bodies as Transnational Actors in International Investment Law -- Krystle Baptista, New Actors in Investment Arbitration: The Legitimate Government -- Ioannis Prezas, International Non-investment Courts and Tribunals as Transnational Actors in International Investment Law and Arbitration? -- Fulvio Maria Palombino and Gustavo Minervini, Apropos of the External Precedent: Judicial Cross-Pollination between Investment Tribunals and International Courts -- Ksenia Polonskaya, Domestic Courts as Transnational Actors in International Investment Law: A Canadian Perspective -- Aikaterini Florou, A Middle Path of ISDS Reform: The Principle of Comity as a Means of Strengthening the Role of National Courts in the Enforcement of Investment Arbitral Awards. .

International courts and tribunals differ in their institutional composition and functions, but a shared characteristic is their reliance on the contribution of individuals other than the judicial decision-makers themselves. Such 'unseen actors' may take the form of registrars and legal officers, but also non-lawyers such as translators and scientific experts. Unseen actors are vital to the functioning of international adjudication, exerting varying levels of influence on judicial processes and outcomes. The opaqueness of their roles, combined with the significance of judicial decisions for the parties involved as well as a wider range of stakeholders, raises questions about unseen actors' impact on the legitimacy of international dispute settlement. This book aims to answer such legitimacy questions and identify 'best practices' through a multifaceted enquiry into common connections and patterns in the institutional composition and daily practice of international courts and tribunals.

Introduction : non-state actors, changing actors, and subjects of international law / Charles-Emmanuel Côté -- Sovereignty's accommodations : quasi-states as international lawmakers / Kathleen Claussen -- Quasi-States and sport : building a case for statehood / Ryan Gauthier -- Self-determination claimant groups and the creation of international norms / Amy Maguire -- Indigenous peoples as actors in international law-making : focusing on international environmental law / Yuko Osakada -- Legally sculpting a melting arctic : states, indigenous peoples and justice in multilateralism / Sabaa Ahmad Khan -- Legitimacy, participation, and international law-making : 'fixing' the restitution of cultural property to indigenous peoples / Shea Elizabeth Esterling -- Procedural barriers to indigenous peoples' participation in international lawmaking : extended continental shelf delimitation in Inuit Nunaat / Zhannah Voukitchevitch -- Non-state actors as invisible law makers? Domestic Implementation of Financial Action Task Force (FATF) Standards / Mari Takeuchi -- Reorienting the role of nonstate actors in global climate governance / Jason MacLean -- The influence of the individual and the corporation on the state's exercise of jurisdiction under international law : the case of business and human rights arbitration / Sarah Castles -- Beyond the state : individual civil responsibility for violations of international law / Miriam Cohen -- Asymmetrical legal conflicts / Shiri Krebs -- Reconsidering the classification of extraterritorial conflict with armed groups in international humanitarian law / Shin Kawagishi -- The status of rebels in non-international armed conflict : do they have the right to life? / Kentaro Wani -- Non-state actors in international dispute settlement : the case of domestic investment statutes / Jarrod Hepburn.

Introduction : non-state actors, changing actors, and subjects of international law / Charles-Emmanuel Côté -- Sovereignty's accommodations : quasi-states as international lawmakers / Kathleen Claussen -- Quasi-States and sport : building a case for statehood / Ryan Gauthier -- Self-determination claimant groups and the creation of international norms / Amy Maguire -- Indigenous peoples as actors in international law-making : focusing on international environmental law / Yuko Osakada -- Legally sculpting a melting arctic : states, indigenous peoples and justice in multilateralism / Sabaa Ahmad Khan -- Legitimacy, participation, and international law-making : 'fixing' the restitution of cultural property to indigenous peoples / Shea Elizabeth Esterling -- Procedural barriers to indigenous peoples' participation in international lawmaking : extended continental shelf delimitation in Inuit Nunaat / Zhannah Voukitchevitch -- Non-state actors as invisible law makers? Domestic Implementation of Financial Action Task Force (FATF) Standards / Mari Takeuchi -- Reorienting the role of nonstate actors in global climate governance / Jason MacLean -- The influence of the individual and the corporation on the state's exercise of jurisdiction under international law : the case of business and human rights arbitration / Sarah Castles -- Beyond the state : individual civil responsibility for violations of international law / Miriam Cohen -- Asymmetrical legal conflicts / Shiri Krebs -- Reconsidering the classification of extraterritorial conflict with armed groups in international humanitarian law / Shin Kawagishi -- The status of rebels in non-international armed conflict : do they have the right to life? / Kentaro Wani -- Non-state actors in international dispute settlement : the case of domestic investment statutes / Jarrod Hepburn.