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

Theoretical Considerations and Empirical Findings

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.
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Biographical Note

Noemi Gal-Or (PhD 1982, IUHEI, Geneva) is Professor of Politics and International Law, Department of Political Science, Kwantlen Polytechnic University, in British Columbia, Canada, and Editor-in-Chief, journal Canadian International Lawyer, Canadian Bar Association. She has published extensively in matters including public international law, international organisations, and international political economy. She authored International Cooperation in the Suppression of Terrorism (2nd ed. Routledge 2015 hard copy and e-book) and edited Tolerating Terrorism in the West: An International Survey (Routledge hard copy 1991, e-book 2003).

Cedric Ryngaert (PhD Leuven 2007) is Chair of Public International Law at Utrecht University (Netherlands). He is the research team leader of a project on unilateralism and global values, funded by the European Research Council and the Dutch Organization for Scientific Research. Among other publications, he authored Jurisdiction in International Law (2nd ed OUP 2015.) and co-edited The International Prosecutor (OUP 2012).

Math Noortmann (PhD Utrecht 1997) is Research Professor in Transnational Law and Non-State Actors. Before joining Coventry University in 2014, he taught international law and international relations at Oxford Brookes University and in the Netherlands, Germany and Singapore. His research interests lie in the areas of non-state actors, the relationship between law and politics, global governance, regionalism, trans-nationalism and human security.

Table of contents

1. NOEMI GAL-OR, MATH NOORTMANN, & CEDRIC RYNGAERT - Introduction

A View from the Trenches

2. GEOFFREY HARRIS - The Rise of Non-State Actors: A Supranational Institutional Perspective

Part I: Conceptualizing the Responsibility of the NSA in International Law

3. BARBARA WOODWARD – Non-State Actor Responsibilities: Obligations, Monitoring & Compliance

4. WOUTER VANDENHOLE - Shared Responsibility of Non-State Actors: a Human Rights Perspective

5. JOANNA KYRIAKAKIS –Multinational Corporations, Legal Personality and International Crimes

6. JORDAN J. PAUST - Responsibilities of Armed Opposition Groups and Corporations for Violations of International Law and Possible Sanctions

Part II. International Responsibility of Corporations

7. ROBIN F. HANSEN - MNEs as Enterprises in International Law

8. ANNE VAN AAKEN - Markets as an Accountability Mechanism in International Law

9. PAULINE COLLINS - International Corporate Criminal Liability for Private Military and Security Companies - A Possibility?

10. DAI TAMADA - Investors’ Responsibility towards Host States? Regulation of Corruption in Investor-State Arbitration

11. MANUEL DE ALMEIDA Ribeiro - Responsibility of Private Entities in International Environmental Law: Transport of Oil by Sea and Nuclear Energy Production

12. SARA SECK & ANNA DOLIDZE - ITLOS Case No. 17 and the Evolving Principles for Corporate Responsibility under International Law


Part III. International responsibility of Armed Opposition Groups

13. VERONIKA BÍLKOVÁ - Establishing Direct Responsibility of Armed Opposition Groups for Violations of International Humanitarian Law?

14. STEN VERHOEVEN - International Responsibility of Armed Opposition: GROUPS Lessons from State Responsibility for Actions of Armed Opposition Groups

15. ANNYSSA BELLAL - Establishing the Direct Responsibility of Non-State Armed Groups for Violations of International Norms: Issues of Attribution

16. LUKE MOFFETT Beyond Attribution: Responsibility of Armed Non-State Actors for Reparations in Northern Ireland, Colombia and Uganda

17. FRANCIS ABIEW & NOEMI GAL-OR - International Responsibility of the AOG in International Law: Is there a Case for an African Approach?

Conclusion

18. NOEMI GAL-OR, MATH NOORTMANN, & CEDRIC RYNGAERT – Can the AOG and MNC Be Liable in International Law?

Readership

The conceptual part interests academics and legal professionals; the empirical part interests the former, students, NGOs, business, the military, international organizations and policy-makers engaging with, or wishing to regulate NSAs.

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