Search results for "non-state actor"
showing 4 items of 4 documents
The participation of Non-State Actors in the UNESCO Cultural Diversity Convention: Current Status and Proposals for Reform
2023
The paper is articulated into four sections. The first section illustrates the CPPDCE’s legal framework for engagement with actors other than States. It shows that this framework expresses a ''functionalist'' emphasis on NSAs’ capacity of contrib-uting to the adoption of higher quality decisions on the part of States and facilitating their implementation. The second section investigates the relationship between NSAs and the Convention’s bodies. It argues that the existing ''functionalist-oriented'' regula-tion not only has prevented basic stakeholders from having access to the Convention’s processes, but has also created imbalances among participants, to the detriment of the Convention’s ve…
Il soft law e la resilienza del diritto internazionale
2017
While it is not international law, soft law has an influence on the creation and application of the latter and it is, therefore, relevant to international legal analysis. Moving from this premise, the present paper analyses the role and relevance of soft law in connection with some aspects of the recent development of the international society and international legal order: the emergence of new actors, the rise of problems requiring rapid, experimental, and highly technical solutions, and the need for a shift away from traditional consensualism in response to global public goods challenges. Its main argument is that, rather than sidelining international law in the regulation of internationa…
Doctrinal Alternatives to Self-Defence Against Non-State Actors
2017
This contribution examines the problem of what is the legal basis for armed interventions carried out on foreign territory in response to terrorist attacks. It proposes a solution other than the use of the right of self-defence provided for in Article 51 of the UN Charter, based on the idea that a State cannot claim full respect for its sovereignty as a right if it does not fulfil the functions that come with sovereignty as a duty. If these functions of protection of other States' rights are not fulfilled, then, the international community, or, if this is not possible, the victim State directly, could take over from the negligent local authorities in performing their law enforcement functio…
Some insights on the link between terrorism, organised crime and ‘new wars’
2014
Purpose - The purpose of this chapter is to investigate on the relationship between terrorism, criminal organisations, and the so-called 'new wars'. Methodology/approach - Review of the existing literature on the 'new wars' and on the terrorism-crime nexus; estimate of the financial revenues gained by terrorist groups engaged in illicit activities. Findings -Terrorist and criminal groups can develop several forms of collaboration. Whether terrorists convert to criminal activities or not depends on a variety of factors, both internal and external. In some cases these links are occasional and opportunistic, associated with the possibility of exploiting the availability of specialised competen…