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

Rural communities are often overlooked as non-state actors in international law. This book argues that they should be recognized as such due to their rights and duties in major multilateral treaties, their ability to influence international lawmaking, and the need to address their unique challenges in seeking global justice.

Format: Hardback
Length: 48 pages
Publication date: 02 June 2023
Publisher: Taylor & Francis Ltd

While a wide range of non-state actors, including armed groups, multinational corporations, political parties, megacities, labor unions, terrorist organizations, and indigenous peoples, are acknowledged in the relevant literature, rural communities are conspicuously absent. This book seeks to rectify this invisibility by examining the role of rural communities as non-state actors, drawing upon three distinct theories of international law: positivism, sociolegal realism (the New Haven School), and constitutionalism.

Firstly, the book establishes that rural communities are recognized as derived subjects of international law by the community of states. This recognition stems from their inclusion as bearers of rights and duties in various major multilateral treaties. For instance, the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) explicitly acknowledges the rights of rural communities and their participation in decision-making processes.

Secondly, the book argues that rural communities possess the capacity to influence international lawmaking. By acquiring the tools to participate in international arbitration and court litigation, rural communities can exert their influence on the development and interpretation of international law. This includes advocating for their rights and interests and challenging discriminatory policies and practices.

Thirdly, the book highlights the urgent need to recognize the status of rural communities when seeking global justice. Rural communities often bear the brunt of the negative impacts of globalization, such as environmental degradation, social exclusion, and economic marginalization. However, they are the least benefited from global economic processes while simultaneously paying the highest price in terms of damage to the natural and sociocultural environment.

In 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 aims to contribute to the field of public international law and rural social matters. It will be of interest to academics, policy-makers, and non-governmental organizations engaged in these fields, as well as anyone seeking to understand the complex dynamics of non-state actors and their role in shaping global governance.

The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license. This license allows for non-commercial use, reproduction, and distribution of the book, provided that the original author is credited and any derivative works are licensed under the same terms.

Weight: 166g
Dimension: 144 x 223 x 10 (mm)
ISBN-13: 9781032472638