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Human Rights and Non-State Actors

Edited by Andrew Clapham, Professor of International Law, Graduate Institute of International and Development Studies, Switzerland and Director, Geneva Academy of International Humanitarian Law and Human Rights, Switzerland
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. An original introduction 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 volume is essential reading for anyone interested in the fast-moving developments related to the ways human rights law now applies to non-state actors.
Extent: 992 pp
Hardback Price: £313.00 Web: £281.70
Publication Date: 2013
ISBN: 978 1 78100 402 9
Availability: In Stock
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  • Law - Academic
  • Human Rights
  • Politics and Public Policy
  • Human Rights
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. An original introduction 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 volume is essential reading for anyone interested in the fast-moving developments related to the ways human rights law now applies to non-state actors.
30 articles, dating from 1993 to 2012
Contributors include: J.E. Alvarez, C. Chinkin, C. Kaeb, R. McCorquodale, N. Rodley, J. Ruggie, D. Scheffer, S. Sivakumaran, D. Weissbrodt
Contents:

Acknowledgements

Introduction Andrew Clapham

PART I GENERAL
1. Andrew Clapham (2010), ‘Non-State Actors’
2. Zehra F. Kabasakal Arat (2006), ‘Looking beyond the State But Not Ignoring It’
3. Christine Chinkin (1998), ‘International Law and Human Rights’
4. Robert McCorquodale (2010), ‘Non-state Actors and International Human Rights Law’
5. Jan Arno Hessbruegge (2005), ‘Human Rights Violations Arising from Conduct of Non-State Actors’
6. Manisuli Ssenyonjo (2008), ‘The Applicability of International Human Rights Law to Non-State Actors: What Relevance to Economic, Social and Cultural Rights?’
7. Aoife Nolan (2009), ‘Addressing Economic and Social Rights Violations by Non-state Actors through the Role of the State: A Comparison of Regional Approaches to the ‘Obligation to Protect’
8. Bonita C. Meyersfeld (2009), ‘Opuz v Turkey: Confirming the State Obligation to Combat Domestic Violence’

PART II NATIONAL LEGAL ORDERS
9. Mark Tushnet (2003), ‘The Issue of State Action / Horizontal Effect in Comparative Constitutional Law’
10. Aharon Barak (2001), ‘Constitutional Human Rights and Private Law’
11. Dawn Oliver and Jörg Fedtke (2007), ‘Comparative Analysis’

PART III INTERNATIONAL ORGANIZATIONS
12. Institute of International Law (2003), ‘The Application of International Humanitarian Law and Fundamental Human Rights in Armed Conflicts in Which Non-State Entities are Parties: Berlin Resolution of 25th August 1999 (commentary de Robert Kolb) Collection “Résolutions” No. 1’
13. Marko Milanovi? and Tatjana Papi? (2009), ‘As Bad as it Gets: The European Court of Human Rights’s Behrami and Saramati Decision and General International Law’
14. Ralph Wilde (2008), ‘Understanding the International Territorial Administration Accountability Deficit: Trusteeship and the Legitimacy of International Organizations’

PART IV CORPORATIONS
15. David Weissbrodt (2005), ‘Business and Human Rights’
16. Odette Murray, David Kinley and Chip Pitts (2011), ‘Exaggerated Rumours of the Death of an Alien Tort? Corporations, Human Rights and the Remarkable Case of Kiobel’
17. John Ruggie (2011), ‘Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework’
18. José E. Alvarez (2011), ‘Are Corporations “Subjects” of International Law?’
19. John H. Knox (2008), ‘Horizontal Human Rights Law’
20. International Commission of Jurists (2008) ‘Report of the International Commission of Jurists Expert Legal Panel on Corporate Complicity in International Crimes’
21. Harold Hongju Koh (2004), ‘Separating Myth from Reality About Corporate Responsibility Litigation’
22. David Scheffer and Caroline Kaeb (2010), ‘The Five Levels of CSR Compliance: The Resiliency of Corporate Liability under the Alien Tort Statute and the Case for a Counterattack Strategy in Compliance Theory’
23. Brief for the United States as Amicus Curiae Supporting Petitioners (2011), Esther Kiobel, individually and on behalf of her late husband, Dr. Barinem Kiobel, et al., petitioners v. Royal Dutch Petroleum Co., et al, the Supreme Court of the United States of America
24. Brief of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Kingdom of the Netherlands as Amici Curiae in Support of the Respondents (2012), Esther Kiobel, et al., Petitioners, v. Royal Dutch Petroleum Co., et al., Respondents, the Supreme Court of the United States of America
25. Brief Amici Curiae of Former UN Special Representative for Business and Human Rights, Professor John Ruggie; Professor Philip Alston; and the Global Justice Clinic at NYU School of Law in Support of Neither Party (2012), Esther Kiobel, et al., Petitioners v. Royal Dutch Petroleum Co., et al., Respondents, the Supreme Court of the United States of America

PART V REBEL GROUPS
26. Nigel S. Rodley (1993), ‘Can Armed Opposition Groups Violate Human Rights?’
27. Sandesh Sivakumaran (2006), ‘Binding Armed Opposition Groups’
28. Frederick Rawski (2009), ‘Engaging with Armed Groups: A Human Rights Field Perspective from Nepal’
29. Marco Sassòli and Laura M. Olson (2008), ‘The Relationship Between International Humanitarian Law and Human Rights Law Where it Matters: Admissible Killing and Internment of Fighters in Non-international Armed Conflicts’
30. Sandesh Sivakumaran (2009), ‘Courts of Armed Opposition Groups: Fair Trials or Summary Justice?’