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From the UK government's Brexit Bill, to China's territorial claims
in the South China Sea, to the Russian invasion of Ukraine,
violations of international law have made headlines across the
world in recent years. This book offers a comprehensive and
accessible guide to the essential rules and facts of international
law, explaining what international law is and how it shapes the
world around us. Graham and Noortmann provide specific examples to
contextualise key concepts in international law, directing readers
to a range of further sources to supplement their reading. Topics
range from the place of international law in the national legal
order, the United Nations and other global international
organisations, international human rights, and international
environmental law. An essential quick reference text for students
and practitioners of international law. -- .
Non-state actors have always been treated with ambivalence in the
works of international law. While their empirical existence is
widely acknowledged and their impact and influence uncontested,
non-state actors are still not in the centre of international legal
research. The idea that non-state actors are not law-makers,
however, stands in sharp contrast with the growing notion of
non-state actors as law-takers. This book examines the position of
non-state actors in international law as law-makers and law-takers
and questions whether these different positions can or should be
separated from each other. Each contribution reveals both the
political and normative aspects of the question as well as the
positivistic possibilities and constraints to accommodate non-state
actors as law-takers and law-makers in the contemporary
international legal system. Altogether, each expert reveals that
the position of non-state actors in international law is not a
fixed one but changes with the functional and theoretical
perspectives of the observer. Non-State Actor Dynamics in
International Law is a welcomed addition to an under researched
field of legal study. An indispensable read to scholars and policy
makers wishing to gain new insights into general discourse on
non-state actors in international law and the process of norm
formation in the international realm.
Until recently, the fundamental link between two basic concepts in
international law, namely the right to self-help and the obligation
to settle disputes by peaceful means, has been neglected in
doctrine and practice. The main issue is that international law
traditionally recognizes the right of states to safeguard their own
rights by resorting to countermeasures as well as the obligation to
settle their disputes by accepted and recognized diplomatic and
judicial procedures. Both concepts are based on their own merits,
which are assumed to be valid in contemporary international law. It
is the primary purpose of this study to determine which rules and
principles govern the relationship between the two concepts. The
book's major findings arise from an analysis of scholarly work,
supported by examples from five different case studies. Drawing
insights from legal as well as political science, it will be a
valuable resource for students, academics and policy makers in
international law, international relations and related areas.
Until recently, the fundamental link between two basic concepts in
international law, namely the right to self-help and the obligation
to settle disputes by peaceful means, has been neglected in
doctrine and practice. The main issue is that international law
traditionally recognizes the right of states to safeguard their own
rights by resorting to countermeasures as well as the obligation to
settle their disputes by accepted and recognized diplomatic and
judicial procedures. Both concepts are based on their own merits,
which are assumed to be valid in contemporary international law. It
is the primary purpose of this study to determine which rules and
principles govern the relationship between the two concepts. The
book's major findings arise from an analysis of scholarly work,
supported by examples from five different case studies. Drawing
insights from legal as well as political science, it will be a
valuable resource for students, academics and policy makers in
international law, international relations and related areas.
The role and position of non-state actors in international law is
the subject of a long-standing and intensive scholarly debate. This
book explores the participation of this new category of actors in
an international legal system that has historically been dominated
by states. It explores the most important issues, actors and
theoretical approaches with respect to these new participants in
international law. It provides the reader with a comprehensive and
state-of-the-art overview of the most important legal and political
developments and perspectives. Relevant non-state actors discussed
in this volume include, in particular, international governmental
organisations, international non-governmental organisations,
multinational companies, investors and armed opposition groups.
Their legal position is considered in relation to specific
issue-areas, such as humanitarian law, human rights, the use of
force and international responsibility. The main legal theories on
non-state actors' position in international law - neo-positivism,
the policy-oriented approach and transnational law - are covered at
the beginning of the book, and the essential political science
perspectives - on non-state actors' role in international politics
and globalisation, as well as their soft power - are presented at
the end.
Public-Private Partnerships are the new political solution to
global problems. This publications critically questions this
transnational trend. Transnational PPPs are particular popular
within the policies of the United Nations. PPPs are based on a
(neo)liberal philosophy and increase the accountability gap in
global governance. A major problem is the exclusion of the public
at large in the governance of the global commons. While the
continuous and ongoing privatisation of public property is not
without substantial post-marxist critique, this critique, however,
general fails to properly include and reflect upon public-private
partnerships. This publication seeks to do so on the basis of Hardt
and Negri's conception of 'Empire'.
The role and position of non-state actors in international law is
the subject of a long-standing and intensive scholarly debate. This
book explores the participation of this new category of actors in
an international legal system that has historically been dominated
by states. It explores the most important issues, actors and
theoretical approaches with respect to these new participants in
international law. It provides the reader with a comprehensive and
state-of-the-art overview of the most important legal and political
developments and perspectives. Relevant non-state actors discussed
in this volume include, in particular, international governmental
organisations, international non-governmental organisations,
multinational companies, investors and armed opposition groups.
Their legal position is considered in relation to specific
issue-areas, such as humanitarian law, human rights, the use of
force and international responsibility. The main legal theories on
non-state actors' position in international law - neo-positivism,
the policy-oriented approach and transnational law - are covered at
the beginning of the book, and the essential political science
perspectives - on non-state actors' role in international politics
and globalisation, as well as their soft power - are presented at
the end.
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