The aim of this work is to assess the international, regional and national human rights regimes, to see whether or not non-state actors are bound by the expectations of human rights, why they are not (if they are not) and how they can be taken into account for the human rights violations that their activities cause. In doing this, an assessment of non-state actors, how they are sometimes created by the state and the roles they play in society will be made. Recommendations will be made where necessary on how this important stakeholder, when it comes to international human rights, can be made to be more involved and accountable with regards to issues related to human rights.
The author of this text is not a native English speaker. Please excuse any grammatical errors and other inconsistencies.
Table of Contents
1. WHO ARE NON-STATE ACTORS
2. HORIZONTAL AND VERTICAL APPROACHES
3. STATES AND NON-STATE ACTORS
4. VIOLENT NON-STATE ACTORS
5. THE WORLD BANK AND INTERNATIONAL MONETORY FUND
6. HOW THEN CAN NON-STATE ACTORS BE HELD LIABLE FOR HUMAN RIGHTS VIOLATIONS?
Research Objectives and Key Topics
This work aims to evaluate international, regional, and national human rights regimes to determine the extent to which non-state actors are bound by human rights expectations. It investigates the reasons behind potential gaps in accountability and explores legal mechanisms to hold non-state entities responsible for human rights violations caused by their activities.
- The role and classification of non-state actors in international law.
- Distinctions between horizontal and vertical human rights obligations.
- State complicity and the impact of non-state actions within national borders.
- The influence of International Financial Institutions (World Bank/IMF) on human rights.
- Legal frameworks and case law for holding non-state actors accountable.
Excerpt from the Book
WHO ARE NON-STATE ACTORS
Non-State Actors (NSA) is a nomenclature used to describe transnational corporations, civil society groups, international organisations (including the World Trade Organisation, the World Bank and the International Monetary Fund) in the scheme of International human rights laws and treaties. They are generally understood as referring to entities other than the state. (Clapham, 2006). Under Article 6 of the Cotonou Agreement, non-state actors refer to “…Private Sector; Economic and social partners, including trade union organizations; Civil society in all its forms according to national characteristics.” They also include terrorist organisations which are also referred to as “Violent non-state actors.” (Oktav et al, eds, 2018). Non-State Actors go by this name, to show that they are not Sovereign states as known and recognised by the international law.
It is important to note that NSAs are not signatories to the treaties and conventions related to international human rights laws and therefore are technically not bound by the treaties and conventions of human rights. To buttress this situation Jochnick (2014) cited an investigation carried out by the Center for Economic and Social Rights (CESR) on the impact of Taxaco’s oil expropriations on the people in the Ecuadorian amazon. The CESR had to approach the matter from the perspective of government’s obligations under the circumstances, as the communities were continuously made to understand that they could not make human rights claims against Texaco even though the company was responsible for the damages and pollutions experienced in these communities as a result of their activities. The CESR thus had to address the matter from the perspective of government’s complicity.
Chapter Summaries
WHO ARE NON-STATE ACTORS: Defines non-state actors, including corporations and international organizations, and explains their complex status regarding international human rights treaties.
HORIZONTAL AND VERTICAL APPROACHES: Explores the distinction between vertical obligations of the state toward individuals and horizontal obligations between private entities and individuals.
STATES AND NON-STATE ACTORS: Examines how states can be held liable for human rights violations when they are complicit with or fail to regulate the activities of non-state actors within their borders.
VIOLENT NON-STATE ACTORS: Discusses entities such as militias and terrorist groups, their independence from state control, and the resulting challenges for human rights protection.
THE WORLD BANK AND INTERNATIONAL MONETORY FUND: Analyzes the human rights impact of international financial institutions and their structural adjustment policies on developing economies.
HOW THEN CAN NON-STATE ACTORS BE HELD LIABLE FOR HUMAN RIGHTS VIOLATIONS?: Investigates legal pathways, international criminal law, and case law that demonstrate how non-state actors can be held accountable for human rights abuses.
Keywords
Non-State Actors, Human Rights, International Law, State Responsibility, Horizontal Obligations, Transnational Corporations, Civil Society, Violent Non-State Actors, World Bank, IMF, Accountability, Human Rights Violations, International Criminal Law, Cotonou Agreement, Legal Personality.
Frequently Asked Questions
What is the core focus of this research?
The work examines whether non-state actors, such as corporations and international organizations, are bound by human rights obligations and how they can be held accountable for violations.
Which entities are considered non-state actors?
The term encompasses transnational corporations, civil society groups, international organizations like the World Bank and IMF, as well as violent groups like militias and terrorists.
What is the primary research goal?
The goal is to assess existing human rights regimes to see if they adequately address the role and liability of non-state actors in human rights violations.
What methodology is employed in this study?
The study utilizes a legal and normative analysis, assessing international conventions, treaties, and relevant judicial precedents from international and national courts.
What does the main body of the work cover?
It covers the definition of NSAs, the difference between horizontal and vertical relationships, state complicity, the impact of financial institutions, and specific legal mechanisms for liability.
Which keywords characterize this work?
Key terms include Non-State Actors, International Human Rights Law, State Responsibility, Accountability, and Economic, Social, and Cultural Rights (ESCR).
How do privatization policies affect human rights?
Privatization can lead to former state agencies becoming non-state actors, often retaining power without the same accountability, which can lead to violations of citizen rights.
What is the significance of the African Charter in this context?
The African Charter is highlighted as a progressive mechanism because it recognizes obligations for private individuals and non-state parties, contrasting with some traditional approaches.
How can the World Bank and IMF be implicated in human rights issues?
Through their structural adjustment programs and development funding, these institutions often influence national policies in ways that may lead to forced evictions or reduced social spending.
Can non-state actors be held liable in international criminal law?
Yes, through existing frameworks like the Rome Statute of the International Criminal Court, which provides jurisdiction to try private individuals for crimes such as genocide and war crimes.
- Arbeit zitieren
- Ogochukwu C Nweke (Autor:in), 2020, Non-State-Actors and Human Right Violations, München, GRIN Verlag, https://www.grin.com/document/1167990
