Table Of ContentParticipants in the International
Legal System
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, on
multinational corporations, 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 role and status
of non-state actors in international law-making and international law-
enforcement processes.
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), the Netherlands.
Routledge Research in International Law
Available: International Law and the Third World
Reshaping Justice
Richard Falk, Balakrishnan Rajagopal and Jacqueline Stevens (eds)
International Legal Theory
Essays and Engagements, 1966–2006
Nicholas Onuf
The Problem of Enforcement in International Law
Countermeasures, the Non-injured State and the Idea of International
Community
Elena Katselli Proukaki
International Economic Actors and Human Rights
Adam McBeth
The Law of Consular Access
A Documentary Guide
John Quigley, William J. Aceves and Adele Shank
State Accountability under International Law
Holding States Accountable for a Breach of Jus Cogens Norms
Lisa Yarwood
International Organisations and the Idea of Autonomy
Institutional Independence in the International Legal Order
Richard Collins and Nigel D. White (eds)
Self-Determination in the Post-9/11 Era
Elizabeth Chadwick
Participants in the International Legal System
Multiple Perspectives on Non-state Actors in International Law
Jean d'Aspremont
Sovereignty, Jurisdiction, and Exploitation of the Seas, Polar Regions,
Airspace and Outer Space
Legal Criteria for Spatial Delimitation
Gbenga Oduntan
Forthcoming titles in this series include: The Law on the Use of Force
A Feminist Analysis
Gina Heathcote
International Law in a Multipolar World
Matthew Happold (ed.)
International Law, Regulation and Resistance
Critical Spaces
Zoe Pearson
The ICJ and the Development of International Law
The Lasting Impact of the Corfu Channel Case
Karine Bannelier, Théodore Christakis and Sarah Heathcote (eds)
Asian Approaches to International Law and the Legacy of Colonialism and
Imperialism
The Law of the Sea, Territorial Disputes and International Dispute
Settlement
Jin-Hyun Paik, Seok-Woo Lee, Kevin Y. L. Tan (eds)
The Right to Self-determination Under International Law
“Selfistans”, Secession, and the Great Powers’ Rule
Milena Sterio
The Cuban Embargo Under International Law
El Bloqueo
Nigel D. White
Threats of Force
International Law and Strategy
Francis Grimal
Participants in the
International Legal System
Multiple perspectives on non-state actors
in international law
Edited by Jean d'Aspremont
Foreword by W. Michael Reisman
Presentation by Math Noortmann
First published 2011
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa
business © 2011 Selection and editorial matter, Jean d'Aspremont;
individual chapters, the contributors The right of Jean d'Aspremont to be
identified as editor of this work has been asserted by him in accordance
with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced
or utilized in any form or by any electronic, mechanical or other means,
now known or hereafter invented, including photocopying and recording,
or in any information storage or retrieval system, without permission in
writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or
registered trademarks, and are used only for identification and
explanation without intent to infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
Participants in the international legal system: multiple perspectives on
non-state actors in international law/edited by Jean d'Aspremont.
p. cm.
1. Non-state actors (International relations) 2. Non-governmental
organizations. 3. Persons (International law) 4. International law.
I. Aspremont, Jean d’.
KZ3925.P37 2011
341.2--dc22
2010051270
ISBN: 978-0-415–56514-1 (hbk)
ISBN: 978-0-203–81683-7 (ebk) Typeset in Baskerville
by Wearset Ltd, Boldon, Tyne and Wear
Contents
Cases and statutes
Notes on contributors
Foreword: Veritas vos liberabit
W. MICHAEL REISMAN
Acknowledgments
Presentation
MATH NOORTMANN
Introduction: non-state actors in international law: oscillating between
concepts and dynamics
JEAN D'ASPREMONT
PART I
Theoretical perspectives
1 Non-state actors from the perspective of legal positivism: the
communitarian semantics for the secondary rules of international law
JEAN D'ASPREMONT
2 Non-state actors from an international constitutionalist perspective:
participation matters!
THOMAS KLEINLEIN
3 Non-state actors from the perspective of the Pure Theory of Law
JÖRG KAMMERHOFER
4 Non-state actors from the perspective of the policy-oriented school:
power, law, actors and the view from New Haven
ANTHONY D'AMATO
5 Towards an interdisciplinary approach to non-state participation in the
formation of global law and order
MATH NOORTMANN
PART II
The regional perspectives
6 Non-state actors in French legal scholarship: international legal
personality in question
NICOLAS LEROUX
7 Non-state actors in North American legal scholarship: four lessons for
the progressive and critical international lawyer
RÉMI BACHAND
8 Non-state actors in Southeast Asia: how does civil society contribute
towards norm-building in a state-centric environment?
TAN HSIEN-LI
9 Contemporary Russian perspectives on non-state actors: fear of the loss
of state sovereignty
LAURI MÄLKSOO
PART III
Institutional perspectives
10 Non-state actors from the perspective of the International Court of
Justice
GLEIDER I. HERNÁNDEZ
11 Non-state actors from the perspective of the International Law
Commission
GENTIAN ZYBERI
12 Non-state actors from the perspective of the Institut de Droit
international
FRANÇOIS RIGAUX
13 Non-state actors from the perspective of international criminal
tribunals
GUIDO ACQUAVIVA
14 Non-state actors from the perspective of the International Committee of
the Red Cross
RAPHAËL VAN STEENBERGHE
15 The International Law Association and non-state actors: professional
network, public interest group or epistemic community?
MATH NOORTMANN
16 NGOs’ perspectives on non-state actors
GAËLLE BRETON-LE GOFF
PART IV
Subject-matter based perspectives
17 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
18 Non-state actors in international humanitarian law
CEDRIC RYNGAERT
19 Non-state actors in international criminal law
CASSANDRA STEER
20 Non-state actors in international institutional law: non-state, inter-state
or supra-state? The peculiar identity of the intergovernmental
organization
RICHARD COLLINS
21 Non-state actors in international peace and security: non-state actors
and the use of force
NICHOLAS TSAGOURIAS
22 Non-state actors in international dispute settlement: pragmatism in
international law
ERIC DE BRABANDERE
23 Non-state actors in international investment law: the legal personality
of corporations and NGOs in the context of investor–state arbitration
PATRICK DUMBERRY AND ÉRIK LABELLE-EASTAUGH
24 Non-state actors in international environmental law: a Rousseauist
perspective
MAKANE MOÏSE MBENGUE
25 Non-state actors in refugee law: l’état, c'est moi. Refugee law as a
response to non-state action
PENELOPE MATHEW
26 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
27 Conclusion: inclusive law-making and law-enforcement processes for an
exclusive international legal system
JEAN D’ ASPREMONT
Index
Cases and statutes
TABLE OF STATUTORY MATERIALS
This table includes Agreements; Charters; Covenants; Declarations; Directives;
General documentation; Reports; Resolutions; Rules, Regulations and Statutes;
and Treaties and Conventions. The International section includes European
Union material.
INTERNATIONAL
Agreements
Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area
(AANZFTA) 2009
.............................................................................................................................................
121
Agreement on Investment of the Framework Agreement on Comprehensive
Economic Cooperation between ASEAN and the People's Republic of China,
2009
.............................................................................................................................................
121
Agreement on the Privileges and Immunities of the Association of Southeast
Asian Nations, 2009
Art 2(1)
..................................................................................................................................
122
Art 2(2)
..................................................................................................................................
122
ASEAN Comprehensive Investment Agreement 2009
.................................................................... 121
ASEAN Trade in Goods Agreement 2009
....................................................................................... 121
Cotonou Agreement (Partnership Agreement between the Members of the
African, Caribbean and Pacific Group of States, on the one part, and the
European Community and its Member States, on the other part, signed in
Cotonou on 23 June 2000) ...................................................................... 63
Art 4
...............................................................................................................................
413, 423
Art 6(1)
Description: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, multin
