Participants in the International Legal System

The book features contributions by renowned scholars each of whom looks at a region, theory or tradition of international law, and considers how that approach to international law has determined the understanding of the role and status of non-State actors within that particular school of thought. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental to that perception of non-State actors. In undertaking this study the book necessarily assess the current position of the State in the international legal order and examine the contemporary changes that have affected the State itself.

Auteur

Jean d'Aspremont is Associate Professor of International Law and Senior Research Fellow of the Amsterdam Centre for International Law at the University of Amsterdam (UvA), Netherlands.

Résumé
The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are nowa playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law. This collection features contributions by renowned scholars, each of whom focuses on a particulara theory or tradition of international law, a region, an institutional regime or a particular subject-matter, and considers how that perspective impacts on our understanding of the role and status of non-State actors. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental in the perception of non-State actors. In doing so the volume provides a wide panorama of all the contemporary legal issues arising in connection with the growing role of non-state actors in international-law making and international law-enforcement processes.

Contenu

Foreword, Michael Reisman. Presentation, Math Noortmann 1. Introduction - Non-State Actors in International Law: Oscillating Between Concepts and Dynamics, Jean d'Aspremont Part I: Theoretical Perspectives 2. Non-State Actors from the Perspective of Legal Positivism: the Communitarian Semantics for the Secondary Rules of International Law, Jean d'Aspremont 3. Non-State Actors from an International Constitutionalist Perspective: Participation matters!, Thomas Kleinlein 4. Non-State Actors from the Perspective of a Pure Theory of Law, Jörg Kammerhofer 5. Non-State Actors from the Perspective of the Policy Oriented School: Power, Law, Actors and the View from New Haven, Antony d'Amato 6. Towards an Interdisciplinary Approach to Non-State Participation in the Formation of Global Law and Order, Math Noortmann Part II: The Regional Perspectives 7. Non-State Actors in French Legal Scholarship: International Legal Personality' in Question, Nicolas Leroux 8. Non-State Actors in North American Legal Scholarship: Four Lessons for the Progressive and Critical International Lawyer, Rémi Bachand 9. Non-state Actors in Southeast Asia: How does Civil Society Contribute Towards Norm-building in a State-centric Environment?, Hsien-Li Teresa 10. Contemporary Russian Perspectives on Non-State Actors: Fear of the Loss of State Sovereignty, Lauri Mälksoo Part III: Institutional Perspectives 11. Non-State Actors from the Perspective of the International Court of Justice, Gleider I. Hernández 12. Non-State Actors from the Perspective of the International Law Commission, Gentian Zyberi 13. Non-State Actors from the Perspective of the Institut de Droit international, François Rigaux 14.Non-State Actors from the Perspective of International Criminal Tribunals, Guido Acquaviva 15. Non-State Actors from the Perspective of the International Committee of the Red Cross, Raphaël van Steenberghe 16. The International Law Association and Non-State Actors, Math Noortmann 17. NGO's Perspectives on Non-State Actors, Gaëlle Breton-Le Goff Part IV: Subject matter-based perspectives 18. Non-State Actors and Human Rights: Corporate Responsibility and the Attempts to Formalize the Role of Corporations as Participants in the International Legal System, Eric de Brabandere 19. Non-State Actors in International Humanitarian Law, Cedric Ryngaert 20. Non-State Actors in International Criminal Law, Cassandra Steer 21. Non-State Actors in International Institutional Law: Non-State, Inter-state or Supra-State? The Peculiar Identity of the Intergovernmental Organization in International Institutional Law, Richard Collins 22. Non-State Actors in International Peace and Security: Non-state actors and the Use of Force, Nicholas Tsagourias 23. Non-State Actors in International Dispute Settlement: Pragmatism in International Law, Eric de Brabandere 24. Non-State Actors in International Investment Law: To Be or Not To Be? The Legal Personality of Non-State Actors in International Investment Law, Patrick Dumberry and Érik Labelle-Eastaugh 25. Non-State Actors in International Environmental Law: A Rousseauist Perspective, Makane Mbengue 26. Non-State Actors in Refugee Law: L'Etat, c'est Moi. Refugee Law as a Response to Non State Action, Penelope Mathew 27. Non-State Actors in European Law: Enhanced Participation of Non-State Actors in EU Law-Making and Law-Enforcement Processes -- a Quest for Legitimacy, Damien Gerard 28. Conclusions : Inclusive Law-making and Law-enforcement Processes for an Exclusive International Legal System, Jean d'Aspremont