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Human Rights Obligations of Non-State Actors (Paperback)
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Human Rights Obligations of Non-State Actors (Paperback)
Series: Collected Courses of the Academy of European Law
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The threats to human rights posed by non-state actors are of
increasing concern. Human rights activists increasingly address the
activity of multinational corporations, the policies of
international organizations such as the World Bank and the World
Trade Organization, and international crimes committed by entities
such as armed opposition groups and terrorists. This book presents
an approach to human rights that goes beyond the traditional focus
on states and outlines the human rights obligations of non-state
actors. Furthermore, it addresses some of the ways in which these
entities can be held legally accountable for their actions in
various jurisdictions. The political debate concerning the
appropriateness of expanding human rights scrutiny to non-state
actors is discussed and dissected. For some, extending human rights
into these spheres trivializes human rights and allows abusive
governments to distract us from ongoing violations. For others such
an extension is essential if human rights are properly to address
the current concerns of women and workers. The main focus of the
book, however, is on the legal obligations of non-state actors. The
book discusses how developments in the fields of international
responsibility and international criminal law have implications for
building a framework for the human rights obligations of non-state
actors in international law. In turn these international
developments have drawn on the changing ways in which human rights
are implemented in national law. A selection of national
jurisdictions, including the United States, South Africa and the
United Kingdom are examined with regard to the application of human
rights law to non-state actors. The book's final part includes
suggestions with regard to understanding the parameters of the
human rights obligations of non-state actors. Key to understanding
the legal obligations of non-state actors are concepts such as
dignity and democracy. While neither concept can unravel the
dilemmas involved in the application of human rights law to
non-state actors, a better understanding of the tensions
surrounding these concepts can help us to understand what is at
stake.
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