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The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some, extending human rights into these spheres trivializes human rights and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy.
This work investigates the legal framework and theoretical justifications for extending human rights obligations to non-state actors, including corporations, international organizations, and armed groups. Andrew Clapham, a scholar of international law, utilizes a comparative analysis of national jurisdictions and international legal developments to argue that the traditional state-centric model of human rights is insufficient for contemporary global challenges. He examines the intersection of international responsibility, criminal law, and domestic legal implementation to propose a structured approach to accountability for non-state entities.
What You Will Find
Scope Limits
Legal scholars and practitioners identify this text as a foundational resource for understanding the evolution of international human rights law beyond state actors. Readers frequently note the academic density of the prose and the rigorous analytical approach applied to complex jurisdictional challenges.
Page Count:
638
Publication Date:
2006-01-01
Publisher:
OUP Oxford
ISBN-10:
0191018627
ISBN-13:
9780191018626
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