Volume 4 : 1
New Actors in Global Governance and International Human Rights Law
Exploring Approaches to Accommodating Non-State Actors within Traditional International Law
A Unique Non-State Actor: the International Committee of the Red Cross
The Participation of Civil Society in Environmental Matters: the 1998 Aarhus Convention
Human Rights Obligations and Transnational Corporations: The Limits of Direct Corporate Responsibility
Human Rights Obligations and Accountability of Armed Opposition Groups: the Practice of the UN Security Council
Treat Them as They Deserve!? Three Approaches to Armed Opposition Groups under Current International Law
Non-State Actors in Areas of Limited Statehood as Addressees of Public International Law Norms on Governance
Non-State Actors in Exile: Benefits and Disadvantages of Legitimacy Claims
Workplace Equality in International Organisations: Why is It an Illusory Concept?
New Actors in Global Governance and International Human Rights Law
Exploring Approaches to Accommodating Non-State Actors within Traditional International Law
A Unique Non-State Actor: the International Committee of the Red Cross
The Participation of Civil Society in Environmental Matters: the 1998 Aarhus Convention
Human Rights Obligations and Transnational Corporations: The Limits of Direct Corporate Responsibility
Human Rights Obligations and Accountability of Armed Opposition Groups: the Practice of the UN Security Council
Treat Them as They Deserve!? Three Approaches to Armed Opposition Groups under Current International Law
Non-State Actors in Areas of Limited Statehood as Addressees of Public International Law Norms on Governance
Non-State Actors in Exile: Benefits and Disadvantages of Legitimacy Claims
Workplace Equality in International Organisations: Why is It an Illusory Concept?
Year
2010
Volume
4
Number
1
Page
15
Language
English
Court
Reference
M. OLIVIER, “Exploring Approaches to Accommodating Non-State Actors within Traditional International Law ”, HRILD 2010, nr. 1, 15-31
Recapitulation
The increasingly active role non-state actors play in contemporary international relations challenges the principles of traditional international law. The activities of various non-state actors demand a rethinking of an international public space where state consent operates as the regulatory force. The international legal system is currently in transition, challenged to transcend traditional barriers and accommodate new phenomena which do not comply with the elements required for law formation and legal personality. Ways should be sought to build a more inclusive international order based on justice and the rule of law. The determination of sources and subjects of international law remains the defining criterion of the scope of the international legal system. The paper explores mechanisms by which entities other than states can and do contribute to the formation of international law within the context of Article 38 of the Statute of the International Court of Justice. Although the international activities of non-state actors often depend on the approval of states, they have the potential to play a direct role in the formation of sources other than treaties and already play an important role in the shaping of soft law. It is well recognised that although non-state actors do not have the original or sovereign personality of states, they may enjoy a degree of international personality suited to their needs. The question of the legal status of non-state actors is, however, exacerbated by their plurality and diversity and their wide-ranging and often conflicting interests. It is suggested that legal personality should be reassessed to take account not only of the nature of role players, but also of their function; and furthermore, that the legitimacy and accountability of non-state actors should be determined accordingly.