Changing Actors in International Law

Series: 

Changing Actors in International Law explores actors other than the ‘state’ in international law with a particular focus on under-researched actors or others that do not easily fit the category of a non-state actor (such as quasi-states, trans-government networks, Indigenous Peoples and self-determination claimant groups). It also examines less well studied aspects of otherwise well-researched actors such as individuals, corporations, NGOs and armed organised groups. In Part 1 of this book, authors examine the role and consequences of the participation of those actors in the process of international law creation. In Part 2, authors focus on the extent to which these actors can be held responsible under international law for its breach and their participation in traditional and non-traditional dispute resolution processes.

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Karen N. Scott is Professor at the University of Canterbury, New Zealand. She researches and teaches international law, law of the sea and international environmental law. She is a graduate of the University of Nottingham, UK.
Kathleen Claussen is Associate Professor at the University of Miami School of Law. She researches and teaches international law, especially trade and investment. She is a graduate of the Yale Law School, Queen’s University Belfast, and Indiana University.
Charles-Emmanuel Côté is Full Professor at the Faculty of Law of Université Laval in Quebec City, Canada, where he teaches Public International Law, International Economic Law and Constitutional Law. He holds a doctorate degree in law from McGill University.
Atsuko Kanehara is Professor at Sophia University. Member of Governing Board of IMO International Maritime Law Institute. Councilor for the National Headquarters for Ocean Policy of Japan, appointed by the Prime Minister. She delivered lectures at The Hague Academy of International Law.
Foreword
Preface
Table of Cases
Table of Treaties
Notes on Contributors

Introduction: Non-state Actors, Changing Actors and Subjects of International Law
Charles-Emmanuel Côté

PART 1
Changing International Norm-Makers

1 Sovereignty’s Accommodations: Quasi-States as International Lawmakers
  Kathleen Claussen

2 Quasi-States and Sport: Building a Case for Statehood
  Ryan Gauthier

3 Self-Determination Claimant Groups and the Creation of International Norms
  Amy Maguire

4 Indigenous Peoples as Actors in International Law-Making: Focusing on International Environmental Law
  Yuko Osakada

5 Legally Sculpting a Melting Arctic: States, Indigenous Peoples and Justice in Multilateralism
  Sabaa Ahmad Khan

6 Legitimacy, Participation and International Law-Making: ‘Fixing’ the Restitution of Cultural Property to Indigenous Peoples
  Shea Elizabeth Esterling

7 Procedural Barriers to Indigenous Peoples’ Participation in International Lawmaking – Extended Continental Shelf Delimitation in Inuit Nunaat
  Zhannah Voukitchevitch

8 Non-State Actors as Invisible Law Makers? – Domestic Implementation of Financial Action Task Force (FATF) Standards
  Mari Takeuchi

9 Reorienting the Role of Nonstate Actors in Global Climate Governance
  Jason MacLean

PART 2
Changing Actors, Responsibility and the Resolution of Disputes under International Law

10 The Influence of the Individual and the Corporation on the State’s Exercise of Jurisdiction under International Law: the Case of Business and Human Rights Arbitration
  Sarah Castles

11 Beyond the State: Individual Civil Responsibility for Violations of International Law
  Miriam Cohen

12 Asymmetrical Legal Conflicts
  Shiri Krebs

13 Reconsidering the Classification of Extraterritorial Conflict with Armed Groups in International Humanitarian Law
  Shin Kawagishi

14 The Status of Rebels in Non-International Armed Conflict: Do They Have the Right to Life?
  Kentaro Wani

15 Non-State Actors in International Dispute Settlement: The Case of Domestic Investment Statutes
  Jarrod Hepburn

Index

Students (particularly, postgraduate), academics, law and policy practitioners, judges, Law, international law, politics, international relations.