Human Rights Obligations of Non-State Actors

Paperback | March 23, 2006

byAndrew Clapham

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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 internationalcrimes 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 theseentities 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 suchan 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 internationalcriminal 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. While neither concept can unravel the dilemmasinvolved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.

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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 internationalcrimes committed by entities such as armed opposi...

Andrew Clapham is at Professor of Public International Law, Graduate Institute of International Studies, Geneva.

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Format:PaperbackDimensions:648 pages, 9.21 × 6.14 × 1.41 inPublished:March 23, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199288461

ISBN - 13:9780199288465

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Table of Contents

Introduction1. Old Objections and New Approaches2. Thinking Responsibly About the Subject of Subjects3. Charcteristics of International Human Rights Law4. The United Nations5. The World Trade Organization and the European Union6. Corporations and Human Rights7. Non-State Actors in Times of Armed Conflict8. Selected UN Human Rights Treaties9. Regional Human Rights Bodies10. National Legal Orders11. Dignity and Democracy12. Complexity, Complicity, and Complementarity

Editorial Reviews

"The book is a product of prodigious research. No document is left unexamined, no statement unread. Andrew Clapham delivers a thorough and insightful studythe new, significantly expanded, work can be said to have two main qualities. First, it is a resourceful manual for aspiring claimants of human rights breaches by non-state actors or, for that matter, any non-state actor seeking to refute such claims. Second, it is a brave piece of human rights advocacy and accepting its principal conclusions requires, as the author points out, a change in the way we think about international law." -- Vladimir Pavlovic, Global and European Law Books