Non-State Actors, Soft Law and Protective Regimes: From the Margins

Cambridge University Press, 8/9/2012
EAN 9781107021853, ISBN10: 1107021855

Hardcover, 318 pages, 22.8 x 15.2 x 1.9 cm
Language: English

By offering critical perspectives of normative developments within international law, this volume of essays unites academics from various disciplines to address concerns regarding the interpretation and application of international law in context. The authors present common challenges within international criminal law, human rights, environmental law and trade law, and point to unintended risks and consequences, in particular for vulnerable interests such as women and the environment. Omissions within normative or institutional frameworks are highlighted and the importance of addressing accountability of state and non-state actors for violations or regressions of minimum protection guarantees is underscored. Overall, it advocates harmonisation over fragmentation, pursuant to the aspiration of asserting the interests of our collective humanity without necessarily advocating an international constitutional order.

Introduction Cecilia M. Bailliet
Part I. Protection Gaps within International Criminal Law
1. Creating international law
gender as new paradigm Catherine MacKinnon
2. Legal redress for children on the front line
the invisibility of the female child Christine Byron
3. Understanding the post-conflict terrain for women in the context of prevailing gender hierarchies
stereotypes and masculinities Fionnuala Ni Aoláin
4. Who is the most able and willing? Complementarity and victim reparations at the International Criminal Court Edda Kristjánsdóttir
Part II. Measuring the Impact of Non-State Actors within International Human Rights
5. What is to become of the human rights-based international order within an age of neo-medievalism? Cecilia M. Bailliet
6. Productive tensions
women's rights NGOs, the 'mainstream' human rights movement, and international lawmaking Karima Bennoune
7. Transnational lawmaking in Oslo - Norwegian-Pakistani women at the interface Anne Hellum
Part III. Confronting the Challenge of Environmental Protection, Climate Change, and Sustainable Development
New Actors and Shifting Norms
8. The creation of international law of climate change
complexities of sub-state actors Hari M. Osofsky
9. International environmental law and soft law
a new direction or a contradiction? Sumudu Atapattu
10. Assuming away the problem
grappling with the vexing relationship between international trade and environmental protection Rebecca Bratspies
11. Quo vadis, Europe? The significance of sustainable development as objective, principle and rule of EU law Beate Sjåfjell
12. Conclusion Hilary Charlesworth.