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The question of whether non-state actors have human rights
obligations is ultimately dependent on what we mean when we speak
of human rights and what entities we consider to be non-state
actors. Focusing the debate, this important collection presents an
essential set of contributions which address these questions.This
research review provides the context for the selection of papers
that, first offer a general overview, and then a focus on the roles
and impact of national legal orders, international organizations,
corporations and rebel groups. This title is essential reading for
anyone interested in the fast-moving developments related to the
ways human rights law now applies to non-state actors.
Realizing the right to health requires a strong focus on
strengthening health care systems and transforming health systems
for women. Taking a human rights approach to health means
understanding the underlying social determinants of this right, as
well as how to ensure the right to health is realized in times of
emergency and armed conflict, and for all groups in society,
including migrants and refugees, indigenous people, prisoners and
detainees, and others. In this third volume of the Swiss Human
Rights Book series, leading international experts in human rights
and health address is-sues such as access to essential medicines
and HIV/AIDS, trade and health, SARS and malaria, and human rights
approaches to other key health chal-lenges. They address the role
of governments, non-state actors and health-care practitioners, and
the responses of multinational institutions, and overview some of
the strategies for realizing the right to health.
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War (Paperback)
Andrew Clapham
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R1,074
Discovery Miles 10 740
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Ships in 9 - 15 working days
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How relevant is the concept of war today? This book examines how
notions about war continue to influence how we conceive rights and
obligations in national and international law. It also considers
the role international law plays in limiting what is forbidden and
legitimated in times of war or armed conflict. The book highlights
how, even though war has been outlawed and should be finished as an
institution, states nevertheless continue to claim that they can
wage necessary wars of self-defence, engage in lawful killings in
war, imprison law-of-war detainees, and attack objects which are
said to be part of a war-sustaining economy. The book includes an
overall account of the contemporary laws of war and delves into
whether states should be able to continue to claim so-called
'belligerent rights' over their enemies and those accused of
breaching expectations of neutrality. A central claim in the book
is as follows: while there is general agreement that war has been
abolished as a legal institution for settling disputes, the time
has come to admit that the belligerent rights that once accompanied
states at war are no longer available. The conclusion is that
claiming to be in a war or an armed conflict does not grant anyone
a licence to kill people, destroy things, and acquire other
people's property or territory.
Over the past ten years the content and application of
international law in armed conflict has changed dramatically. This
Oxford Handbook provides an authoritative and comprehensive study
of the role of international law in armed conflict and engages in a
broad analysis of international humanitarian law, human rights law,
refugee law, international criminal law, environmental law, and the
law on the use of force. With an international group of expert
contributors, the Handbook has a global, multi-disciplinary
perspective on the place of law in war. The Handbook consists of 32
chapters in seven parts. Part I provides the historical background
of international law in armed conflict and sets out its
contemporary challenges. Part II considers the relevant sources of
international law. Part III describes the different legal regimes:
land warfare, air warfare, maritime warfare, the law of occupation,
the law applicable to peace operations, and the law of neutrality.
Part IV introduces crucial concepts in humanitarian law: the use of
weapons, proportionality, the principle of distinction, and
internal armed conflict. Part V looks at rights issues: life,
torture, fair trials, the environment, economic, social and
cultural rights, the protection of cultural property, and the human
rights of members of the armed forces. Part VI covers key issues in
times of conflict: the use of force, terrorism, unlawful
combatants, mercenaries, forced migration, and issues of gender.
Part VII deals with accountability for war crimes, the
responsibility of non-state actors, compensation before national
courts, and, finally, transitional justice.
Today it is usually not long before a problem gets expressed as a
human rights issue. Indeed, human rights law continues to gain
increasing attention internationally, and must move quickly in
order to keep up with a social world that changes so rapidly. This
Very Short Introduction, in its second edition, brings the issue of
human rights up to date, considering the current controversies
surrounding the movement. Discussing torture and arbitrary
detention in the context of counter terrorism, Andrew Clapham also
considers new challenges to human rights in the context of privacy,
equality and the right to health. Looking at the philosophical
justification for rights, the historical origins of human rights
and how they are formed in law, Clapham explains what our human
rights actually are, what they might be, and where the human rights
movement is heading. ABOUT THE SERIES: The Very Short Introductions
series from Oxford University Press contains hundreds of titles in
almost every subject area. These pocket-sized books are the perfect
way to get ahead in a new subject quickly. Our expert authors
combine facts, analysis, perspective, new ideas, and enthusiasm to
make interesting and challenging topics highly readable.
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 Organisation, 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.
This book presents a wide-ranging survey of the scope and
significance of international human rights law. Arranged
thematically in alphabetical format, it side-steps the traditional
categories of human rights law, to investigate rights in the
specific contexts in which they are invoked, debated, and
considered. This book is an informative and accessible guide to key
issues confronting international human rights law today. Each entry
introduces key concepts, norms, and debates.
With the impending incorporation of a Bill of Rights into English law, debate is focusing on whether the freedoms and rights which it contains can be extended to encompass not just relations between the state and its citizens, but also relations between private parties. If this were acheived, press intrusions into the lives of individuals, for instance, could be severely curtailed. Drawing on experiences and case law from a number of jurisdictions, this book examines the implications of the European Convention of Human Rights on English law in this regard. It asks whether victims would be protected from non-state actors and attempts to develop a coherent approach to 'human rights in the private sphere'.
This concise book is an introduction to the role of international
law in international relations. Written for lawyers and non-lawyers
alike, the book first appeared in 1928 and attracted a wide
readership. This new edition builds on Brierly's scholarship and
his idea that law must serve a social purpose. Previous editions of
The Law of Nations have been the standard introduction to
international law for decades, and are widely popular in many
different countries due to the simplicity and brevity of the prose
style.
Providing a comprehensive overview of international law, this new
version of the classic book retains the original qualities and is
again essential reading for all those interested in learning what
role the law plays in international affairs. The reader will find
chapters on traditional and contemporary topics such as: the basis
of international obligation, the role of the UN and the
International Criminal Court, the emergence of new states, the
acquisition of territory, the principles covering national
jurisdiction and immunities, the law of treaties, the different
ways of settling international disputes, and the rules on resort to
force and the prohibition of aggression.
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