Rural and Remote Communities as Non-State Actors: A Legal and Moral Argument

ISBN-13: 9781032472638 / Angielski

Ciprian Radavoi; David Price

Opis

While entities as different as armed groups, multinational corporations, political parties, megacities, labour unions, terrorist organisations or indigenous peoples are mentioned as Non-State Actors in the relevant literature, rural communities are never referred to. This book addresses the role of rural communities as Non-State Actors, lifting this invisibility veil with arguments coming from three theories of / scholarly approaches to international law: positivism, sociolegal realism - the New Haven school, and constitutionalism. It argues, first, that rural communities are recognised by the community of states as derived subjects of international law since they are made bearers of rights and duties in some major multilateral treaties. Second, rural communities have the ability to affect international law-making as they acquire the tools to influence decision making in international arbitration and court litigation. Finally, the book highlights the need to recognise the status of rural communities when seeking global justice, as these are the communities who benefit the least from globalisation, while paying the highest price in terms of damage to the natural and socio-cultural environment. Advocating for the existence of some supreme norms above the will of the states and the recognition of rural communities as Non-State Actors, this book will be of interest to academics, policy-makers and NGOs working in the field of public international law and rural social matters.

Spis treści

Introduction

1 Developing Dialogues on the Non-State Actor Dynamic

Defining Non-State Actors

Non-State Actors in the Changing World

Non-State Actors and the Russian Invasion of Ukraine

The Individual as a Non-State Actor: New Directions

The Covid-19 Pandemic and Non-State Actors

The Fourth Industrial Revolution and Non-State Actors

2 Rural Communities: Non-State Actors?

The View From Positivism: Rural Communities in International Law Regimes

The View From New Haven: Mobilised Rural Communities in International Law

The View From Constitutionalism: Rural Communities’ Moral Standing

Taking the Argument Further: Remote Communities in International Law

Conclusion

O autorze

Ciprian Nicolae Radavoi has a background in human rights law (lawyer in a firm with cases at the European Court of Human Rights) and diplomacy (consular positions in Northern Africa and Asia). Since 2012 he has taught international law and social justice subjects in China and in Australia and has published extensively on these matters.

David Price has researched and published widely on intellectual property protection in the Arabian Gulf States, including the intersection with international law and international trade. This extends to investor-state dispute settlement in the Gulf States, Indonesia, and Australia. He has worked in institutions in Australia, China, Europe, Indonesia, Oman, and the United Kingdom.