Lawmaking By Nonstate Actors
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Lawmaking By Nonstate Actors
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Author : Anthea Roberts
language : en
Publisher:
Release Date : 2012
Lawmaking By Nonstate Actors written by Anthea Roberts and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
This article considers a novel and potentially controversial issue: whether non-state armed groups can, do and should play a role in the creation of international humanitarian law applicable in non-international armed conflicts. International law was traditionally understood as the law created by, and binding upon, states and states alone. It is now broadly accepted that international law regulates the rights and obligations of many non-state actors as well as those of states. Yet any corresponding suggestion that non-state actors could or should play a role in international law-making remains highly contentious. In analyzing the potential role that such actors could play in law creation, we reject the traditional state/non-state distinction underlying the doctrine of sources in favor of a tripartite framework of states, state empowered bodies (such as international courts and international governmental organizations), and non-state actors (such as individuals, businesses, NGOs and armed groups). Focusing on the last category, we explore various theories for justifying some or all non-state actors playing a role in international law-making. In particular, we assess the merits of giving armed groups a role in the creation of international humanitarian law applicable in non-international armed conflicts. Drawing on a wide range of rarely discussed practice, we demonstrate that armed groups already participate in law-making in a number of circumstances. Building on these developments, we contend that it is possible to move away from the traditional statist approach to sources, which denies armed groups any role in law-making, without moving to the extreme position of giving such groups complete control over their obligations or equal law-making powers with states. Accordingly, we put forward a theory of hybrid sources under which armed groups could be permitted to recognize existing international obligations or undertake new ones, without raising concerns about placing armed groups and states on a par or downgrading international legal standards.
Corporations And International Lawmaking
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Author : Stephen Tully
language : en
Publisher: BRILL
Release Date : 2007
Corporations And International Lawmaking written by Stephen Tully and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
The classical model of international lawmaking posits governments as exclusively authoritative actors. However, commercially-oriented entities have long been protagonists within the prevailing international legal order, concluding contracts and resolving disputes with governments. Is the international legal personality of corporations undergoing further qualitative transformations ? Corporations influence the State practice constitutive of custom and create, refashion or challenge normative rules. The corporate willingness to fill legal lacunae where governments do not exercise their full regulatory responsibility is also observable through resort to alternative legal mechanisms. Corporations moreover contribute directly to treaty negotiations and occupy crucial roles during subsequent implementation. Indeed, an analysis of the access conditions and participatory modalities for non-State actors could support a right to participate under common international procedural law. Their substantive contributions are also evident when corporations participate in enforcing international law against governments through national courts, diplomatic protection (including the WTO) and arbitration (including NAFTA). However, the practice of intergovernmental organizations reveals several challenges including managing corporate interaction with developing country governments and other non-State actors. Acknowledging corporate contributions also has important implications for national regulatory autonomy, the ability of governments to mediate contested policy issues, the democratic legitimacy of the contemporary lawmaking process and an understanding of consent as the underlying basis for international law.
Informal International Lawmaking
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Author : Joost Pauwelyn
language : en
Publisher: OUP Oxford
Release Date : 2012-09-27
Informal International Lawmaking written by Joost Pauwelyn and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-27 with Law categories.
Many international norms that have emerged in recent years are not set out in formal treaties. They are not concluded in formal international organizations. They frequently involve actors other than formal state representatives. In the realm of finance, health, security, or the environment, international lawmaking is increasingly 'informal': It takes place in networks or loosely organized fora; it involves a multitude of stakeholders including regulators, experts, professional organizations and other non-state actors; it leads to guidelines, standards or best practices. This book critically assesses the concept of informal international lawmaking, its legal nature, and impact at the national and international level. It examines whether it is on the rise, as is often claimed, and if so, what the implications of this are. It addresses what actors are involved in its creation, the processes utilized, and the informal output produced. The book frames informal international lawmaking around three axes: output informality (novel types of norms), process informality (norm-making in networks outside international organizations), and actor informality (the involvement of public agencies and regulators, private actors, and international organizations). Fundamentally, the book is concerned with whether this informality causes problems in terms of keeping transnational lawmaking accountable. By empirically analysing domestic processes of norm elaboration and implementation, the book addresses the key question of how to benefit from the effectiveness of informal international lawmaking without jeopardizing the accountability necessary in the process of making law.
International Law Making By Non State Actors
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Author : Jean d'Aspremont
language : en
Publisher:
Release Date : 2016
International Law Making By Non State Actors written by Jean d'Aspremont and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
After an empirical appraisal of the extent to which non-state actors wield some law-making powers at the international level (II), this chapter will attempt to evaluate the degree to which the alleged inadequacy of the current legal system is directly affected by our respective perceptions of the role played by non-state actors in International Law. In doing so, this section will try to demonstrate that much of the controversy yielded by the law-making status of non-state actors stems from an attempt to bolster the scope, the expertise and the legitimacy of international legal scholarship (III). This chapter ends with a few remarks on the consequences of the absence of any law-making status of non-state actors on their overall place in the international legal system. On this occasion, it will be argued that non-state actors, instead of being seen as lawmakers, should be rather seen as law-consumers, i.e. entities which, instead of making the law, constitute great consumers of it (IV). The inquiry that is undertaken here cannot be seriously carried out without formulating an important preliminary caveat as to the relativity of any conclusion regarding the status of non-state actors in International Law. Indeed, it is acknowledged that the manner in which one construes the role of non-state actors is intrinsically relative, for it hinges on the each scholar's respective understanding of law. This chapter accordingly starts with some introductory remarks about the necessity to clearly explain how we understand the international legal system before venturing into any examination of the status of the actors involved therein (I).
Non State Actors Law Making And Domestic Criminal Law
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Author : Dominik Zając
language : en
Publisher: Springer Nature
Release Date : 2023-11-15
Non State Actors Law Making And Domestic Criminal Law written by Dominik Zając and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-15 with Law categories.
This book describes how statements made by non-state actors affect the scope of an individual's criminal responsibility and how they should be taken into account by domestic criminal courts. Sentencing is only possible on the basis and within the limits of the law. In the 21st century, this law increasingly means regulations formulated by various non-state actors: international organisations, human rights tribunals or statutory bodies. The content of these regulations does not only refer to states, but often has a direct impact on the legal situation of individuals. Two worlds collide here. Strict criminal law is influenced by fluid regulations issued by entities that have not been empowered to exercise the right to punish. The book presents an interpretative method to support the court's inference in the cases outlined above, based on the using the concept of two interrelated norms: the norm of the individual and the norm of the court.
Non State Actor Dynamics In International Law
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Author : Cedric Ryngaert
language : en
Publisher: Routledge
Release Date : 2016-05-06
Non State Actor Dynamics In International Law written by Cedric Ryngaert and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-06 with Law categories.
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.
Participants In The International Legal System
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Author : Jean d'Aspremont
language : en
Publisher: Taylor & Francis
Release Date : 2011-04-20
Participants In The International Legal System written by Jean d'Aspremont and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-20 with Law categories.
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 now 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 particular 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.
Participants In The International Legal System
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Author : Jean d'Aspremont
language : en
Publisher: Routledge
Release Date : 2011-04-20
Participants In The International Legal System written by Jean d'Aspremont and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-20 with Law categories.
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 now 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 particular 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.
The Participation Of Non State Actors In International Climate Change Law Making
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Author : Marzia Scopelliti
language : en
Publisher:
Release Date : 2019
The Participation Of Non State Actors In International Climate Change Law Making written by Marzia Scopelliti and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
Non State Actors And International Law
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Author : Andrea Bianchi
language : en
Publisher: Routledge
Release Date : 2009
Non State Actors And International Law written by Andrea Bianchi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with International law categories.
Non-state actors play an important role in international law-making, law-adjudication and law-enforcement processes. However, little attention has been paid to the theoretical discourse about non-state actors and its relation to the doctrine of the subjects of international law. The articles collected together in this volume consider a range of issues on this subject, such as whether the solution lies in 'relativizing' the subjects or rather in 'subjectivizing' them, and contribute to the discussion to determine who may legitimately and authoritatively perform legally relevant acts on the international scene.