خودمختاری و مسئولیت جمعی در مبارزه جدایی‌طلبانه

The often violent emergence of new independent states following the end of the Cold War generated discussion about the normative grounds of territorial separatism. A number of opposing approaches surfaced debating whether and under which circumstances there is a right for a community to secede from its host country. Overwhelmingly, these studies placed emphasis on the right to secession and neglected the moral stance of secessionist movements as agents in international relations. In this book Costas Laoutides explores the collective moral agency involved in secessionist struggles offering a theoretical model for the collective responsibility of secessionist groups. Case-studies on the Kurds and the people of Moldova-Transdniestria illustrate the author’s theoretical arguments as he seeks to establish how, although the principle of self-determination was envisaged as a means of gradually bestowing political power upon the people, it never managed to realize its full potential because it was interpreted strictly within a framework of exclusionary politics of identity. Non-state actors have always been treated with ambivalence in the works of international law. While their empirical existence is widely acknowledged and their impact and influence uncontested, non-state actors are still not in the centre of international legal research. The idea that non-state actors are not law-makers, however, stands in sharp contrast with the growing notion of non-state actors as law-takers. This book examines the position of non-state actors in international law as law-makers and law-takers and questions whether these different positions can or should be separated from each other. Each contribution reveals both the political and normative aspects of the question as well as the positivistic possibilities and constraints to accommodate non-state actors as law-takers and law-makers in the contemporary international legal system. Altogether, each expert reveals that the position of non-state actors in international law is not a fixed one but changes with the functional and theoretical perspectives of the observer. Non-State Actor Dynamics in International Law is a welcomed addition to an under researched field of legal study. An indispensable read to scholars and policy makers wishing to gain new insights into general discourse on non-state actors in international law and the process of norm formation in the international realm. -- Back cover "In the past thirty or so years, discussions of the status and rights of indigenous peoples have come to the forefront of the United Nations human rights agenda. During this period, indigenous peoples have emerged as legitimate subjects of international law with rights to exist as distinct peoples. At the same time, we have witnessed the establishment of a number of UN fora and mechanisms on indigenous issues, including the UN Permanent Forum on Indigenous Issues, all pointing to the importance that the UN has come to place on the promotion and protection of indigenous peoples' rights. Morgan describes, analyses, and evaluates the efforts of the global indigenous movement to engender changes in UN discourse and international law on indigenous peoples' rights and to bring about certain institutional developments reflective of a heightened international concern. By the same token, focusing on the interaction of the global indigenous movement with the UN system, this book examines the reverse influence, that is, the ways in which interacting with the UN system has influenced the claims, tactical repertoires, and organizational structures of the movement"--Provided by publisher Introduction : non-state actors : international law's problematic case / Math Noortmann & Cedric Ryngaert Multinational enterprises as actors in international law : creating "soft law" obligations and "hard law" rights / Peter Muchlinski The impact of non-state actors on the international law regime of corporate social responsibility : blessing or curse? / Leyla Davarnejad Imposing international duties on non-state actors and the legitimacy of international law / Cedric Ryngaert Non-state actors and the international rule of law : revisiting the "realist theory" of international legal personality / Janne E. Nijman Observations on the desirability of an enhanced international legal status of the non-state actor / Noemi Gal-Or Understanding non-state actors in the contemporary world society transcending the international, mainstreaming the transnational, or bringing the participants back in? / Math Noortmann International law-making by non-state actors : changing the model or putting the phenomenon into perspective? / Jean d'Aspremont Non-state actors : law-takers or law-makers? Is that the question? / Math Noortmann & Cedric Ryngaert. In recent decades, claims have increasingly been made on transnational corporations to take responsibility for the promotion and protection of human and labour rights in countries where they operate. This behavioural obligation results from the persistent advocacy of non-governmental organizations and is commonly known as corporate social responsibility (CSR). Driven by the theory of the 'norm life cycle model', the book uses an interesting range of case studies, including Nike and the anti-apartheid movement, to trace the development of CSR as an international norm. The development is examined through five selected non-governmental organizations: Clean Clothes Campaign, Fair-trade Labelling Organizations International, Global Exchange, International Business Leaders Forum and the International Labor Rights Fund. The book makes a lucid contribution to an emerging scholarship, and will interest researchers and practitioners involved in issues of global governance and global civil society. -- Publisher description "How do international organizations support local peacebuilding? Do they really understand conflict? Partners in Peace challenges the global perceptions and assumptions of the roles played by civil society in peacebuilding and offers a radically new perspective on how international organizations can support such efforts. Framing the debate using case studies from Africa and Central America, the author examines different meanings of peacebuilding, the practices and politics of interpreting conflict and how planned interventions work out. Comparing original views with contemporary perceptions of non-state actors, Partners in Peace includes many recommendations for NGOs involved in peacebuilding and constructs a new understanding on how these possible solutions relate to politics and practices on the ground. Concise in both theoretical and empirical analysis, this book is an important contribution to our understanding of civil society's role in building sustainable peace."--Publisher description

The often violent emergence of new independent states following the end of the Cold War generated discussion about the normative grounds of territorial separatism. A number of opposing approaches surfaced debating whether and under which circumstances there is a right for a community to secede from its host country. Overwhelmingly, these studies placed emphasis on the right to secession and neglected the moral stance of secessionist movements as agents in international relations. In this book Costas Laoutides explores the collective moral agency involved in secessionist struggles offering a theoretical model for the collective responsibility of secessionist groups. Case-studies on the Kurds and the people of Moldova-Transdniestria illustrate the author Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- List of Figures -- List of Abbreviations -- Foreword -- Acknowledgements -- Introduction: Indigenous Peoples, the United Nations and Human Rights -- 1 United Nations Engagement with Indigenous Issues -- 2 Theoretical Framing -- 3 The Development of a Global Movement -- 4 Claims of the Global Indigenous Movement -- 5 Reconfiguring Human Rights -- 6 The Impact of the Global Indigenous Movement -- References How do international organizations support local peacebuilding? Do they really understand conflict? Framing the debate using case studies from Africa and Central America, Partners in Peace challenges the global perceptions and assumptions of the roles played by civil society in peacebuilding and offers a radically new perspective on how international organizations can support such efforts Driven by the theory of the 'norm life cycle model', the book uses a range of case studies to trace the development of corporate social responsibility as an international norm. The book makes a lucid contribution to an emerging scholarship, and will interest researchers and practitioners involved in issues of global governance and global civil society. Introduction -- United Nations Engagement With Indigenous Issues -- Theoretical Framing -- The Development Of A Global Movement -- Substantive And Institutional Claims -- Reconfiguring Human Rights -- Impact Of The Movement. By Rhiannon Morgan. Includes Bibliographical References And Index.