International Law

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

By Professor Cecilia M. Bailliet
Cambridge University Press August 2012

Specifications

ISBN-13
9781107021853
Publisher
Cambridge University Press
Publication
August 2012
Format
Hardback , 316 pages
Jurisdiction
International ? Countri(es) for reference only

Details

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

Table of Contents

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

About the Author

Professor Cecilia M. Bailliet
Universitetet i Oslo

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