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Non-State Actors and International Obligations

Creation, Evolution and Enforcement

Edited by James Summers and Alex Gough

Non-State Actors and International Obligations examines the contribution and relevance of non-state actors in the creation and implementation of international obligations. These actors have traditionally been marginalised within international law and ambiguities remain over their precise role. Nonetheless, they have become increasingly important in legal regimes as participants in their implementation and enforcement, and as potential holders of duties themselves. Chapters from academics and practitioners investigate different aspects of this relationship, including the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility and legal accountability.

Editor-in-Chief Malgosia Fitzmaurice

Need support prior to submitting your manuscript? Make the process of preparing and submitting a manuscript easier with Brill's suite of author services, an online platform that connects academics seeking support for their work with specialized experts who can help. From 2006 International Law FORUM du droit international and Non-State Actors and International Law have merged into a new journal: International Community Law Review. For more details see: International Community Law Review. Back volumes (2004 and 2005) of both journals as well as online issues are still available. Subscribers to International Community Law Review will have access to all available online issues of the International Law FORUM du droit international and Non-State Actors and International Law.

Series:

Edited by Gregory Rose and Bruce Oswald

Detention of Non-State Actors engaged in Hostilities: The Future Law explores legal dilemmas facing detention management during military missions overseas. Armed forces increasingly find themselves facing non-international armed conflict with non-state actors, such as insurgents, terrorists or other civilians, whom they might be permitted to kill or capture in some circumstances.

The book considers the legal powers of military forces to apprehend non-State actors and to hold them in ongoing detention or to transfer them to judicial authorities for prosecution. It deals with both theoretical approaches and practical case studies concerning management and treatment of detainees. It concludes by synthesizing the options and delivering a detailed set of guidelines that are proposed as emerging norms for the detention of non-state actors in an armed conflict.

Abu Bakarr Bah

referred to as state actors, non-state actors and victims, such a distinction does not provide sufficient clarity for examining the peacekeeping dimension of civil wars. Peacekeeping and its concomitant peacebuilding process involve many actors whose roles are often not well-defined. Such actors include

Harro van Asselt

last question, it has been suggested that non-state actors should be assigned a clear role in review processes. 12 The role of non-state actors in international (environmental) review processes has long been acknowledged. 13 In many realms, including the unfccc , they have helped to hold states to

Randolph Mank

divisible sovereignty. Its real history is much more complex than that, of course, but there is little doubt that it unleashed a sense of empowerment among what we might today call ‘non-state actors’ in domestic politics. In the international realm, 400 years later the Peace of Westphalia in 1648 ended

Yaël Ronen

in the status of non-state actors as international persons. Among the international dispute settlement mechanisms, the International Court of Justice (ICJ) presents what are probably the greatest challenges to non-state actors’ participation, since it traditionally rests so heavily on the inter

Non-State Actors and the Evolution of Humanitarian Norms

Implications of the Sphere Charter in Health and Nutrition Relief

Shahla Ali and Tom Kabau

need for a common set of standards and guiding principles for humanitarian health assistance. Although States bear primary responsibility for providing humanitarian assistance in the health and nutrition sector, in recent years, non-State actors have become significant participants and recognized the

Responsibilities of the Non-State Actor in Armed Conflict and the Market Place

Theoretical Considerations and Empirical Findings

Edited by Noemi Gal-Or, Cedric Ryngaert and Math Noortmann

The central question of this pioneer work on the responsibility of non-state actors (NSAs) and the consequences thereof, is: To whom are such actors, in particular armed opposition groups and business corporations, accountable for their actions in armed conflict and in peace times? Does responsibility in international law apply to these NSAs qua groups? While much has been written about NSAs’ rights and participation in the global theatre as well as the responsibility of the state and international organisations for wrongful acts by NSAs, scant attention has been paid to questions of NSA organizational responsibility, in spite of their potential to wreak international havoc. This volume offers innovative insights into this unexplored territory by analyzing responsibility questions from both theoretical and empirical perspectives.

Teresa La Porte

one that also includes non-state actors. Some authors have taken small steps in this direction, considering non-state actors, both domestic and external, as partners or interlocutors of the government. This has not, however, meant a significant contribution to the review of public diplomacy’s notion