Extracting Accountability from Non-State Actors in International Law: Assessing the Scope for Direct Regulation
The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power.

This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. The operations of these entities highlight the practical flaws of existing accountability regimes and permit an exploration of the theoretical challenges that preclude their direct legal regulation at the international level. Drawing insights from discursive democracy, compliance theories and the Pure Theory of Law, the book establishes a conceptual foundation for the creation of binding international obligations addressing non-State actors. Responding to the recent calls for a binding business and human rights treaty at the UN Human Rights Council, and the growing influence of armed non-State actors, the book makes a timely contribution to debates surrounding the direction of future developments in the field of international human rights law.

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Extracting Accountability from Non-State Actors in International Law: Assessing the Scope for Direct Regulation
The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power.

This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. The operations of these entities highlight the practical flaws of existing accountability regimes and permit an exploration of the theoretical challenges that preclude their direct legal regulation at the international level. Drawing insights from discursive democracy, compliance theories and the Pure Theory of Law, the book establishes a conceptual foundation for the creation of binding international obligations addressing non-State actors. Responding to the recent calls for a binding business and human rights treaty at the UN Human Rights Council, and the growing influence of armed non-State actors, the book makes a timely contribution to debates surrounding the direction of future developments in the field of international human rights law.

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Extracting Accountability from Non-State Actors in International Law: Assessing the Scope for Direct Regulation

Extracting Accountability from Non-State Actors in International Law: Assessing the Scope for Direct Regulation

by Lee James McConnell
Extracting Accountability from Non-State Actors in International Law: Assessing the Scope for Direct Regulation
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Extracting Accountability from Non-State Actors in International Law: Assessing the Scope for Direct Regulation

Extracting Accountability from Non-State Actors in International Law: Assessing the Scope for Direct Regulation

by Lee James McConnell

Overview

The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power.

This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. The operations of these entities highlight the practical flaws of existing accountability regimes and permit an exploration of the theoretical challenges that preclude their direct legal regulation at the international level. Drawing insights from discursive democracy, compliance theories and the Pure Theory of Law, the book establishes a conceptual foundation for the creation of binding international obligations addressing non-State actors. Responding to the recent calls for a binding business and human rights treaty at the UN Human Rights Council, and the growing influence of armed non-State actors, the book makes a timely contribution to debates surrounding the direction of future developments in the field of international human rights law.

Product Details

ISBN-13: 9780367075576
Publisher: Taylor & Francis
Publication date: 10/18/2018
Series: Human Rights and International Law
Pages: 276
Product dimensions: 6.12(w) x 9.19(h) x (d)

About the Author

Lee McConnell is a lecturer at Northumbria University, UK.

Table of Contents

1. Introduction 2. The State as the Basis of Legal Validity 3.The Practical Failings of State-centric Accountability Regimes 4. The Theoretical Scope for Direct Non-State Actor Regulation 5. Abandoning the State: Towards an Alternative Theoretical Framing 6. Conclusion

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