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Non-State Actors, Soft Law and Protective Regimes

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

Author: Professor Cecilia M. Bailliet
Publisher: Cambridge University Press
ISBN: 9781107021853
Published In: August 2012
Format: Hardback , 316 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

• Critically discusses non-state and sub-state actors and the normative evolution, interpretation and enforcement of hard and soft law • Presents concerns related to vulnerable interests such as gender, children and the environment • Cross-disciplinary review explains current trends in international criminal law, human rights, environmental and trade law

Notes on contributors	ix
Acknowledgements	xiv
1 Introduction Cecilia M. Bailliet	1
Part I Protection gaps within international criminal law	15
2 Creating international law: gender as new paradigm Catharine A. Mackinnon	17
3 Legal redress for children on the front line: the invisibility of the female child Christine Byron	32
4 International law, gender regimes and fragmentation: 1325 and beyond Fionnuala Ní Aoláin	53
5 Who is most able and willing? Complementarity and victim reparations at the International Criminal Court Edda Kristjánsdóttir	69
Part II Measuring the impact of non-state actors within international human rights	93
6 What is to become of the human rights international order in an age of neo-medievalism? Cecilia M. Bailliet	95
7 Productive tensions: women’s rights NGOs, the “mainstream” human rights movement, and international lawmaking Karima Bennoune	125
8 Transnational challenges to international and national law: Norwegian-Pakistani women at the interface Anne Hellum	151
Part III Confronting the challenge of environmental protection, climate change and sustainable development: new actors and shifting norms	177
9 The creation of the international law of climate change: complexities of sub-state actors Hari M. Osofsky	179
10 International environmental law and soft law: a new direction or a contradiction? Sumudu Atapattu	200
11 Assuming away the problem? The vexing relationship between international trade and environmental protection Rebecca M. Bratspies	227
12 Quo vadis, Europe? The significance of sustainable development as objective, principle and rule of EU law Beate Sjåfjell	254
13 Conclusion: centrality and marginality in international law Hilary Charlesworth	281
Index	289