Changing Actors in International Law

Erscheinungsjahr 2020
ISBN: 978-90-04-42414-2
Verlag: Brill

Buch, Englisch, Band 74, 416 Seiten, Format (B × H): 155 mm x 236 mm, Gewicht: 431 g

Reihe: Developments in International Law

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.

Autoren/Hrsg.

Scott, Karen N

Claussen, Kathleen

Côté, Charles-Emmanuel

Kanehara, Atsuko

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen

Inhaltsverzeichnis

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

Über Autor(innen)

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.