1st Edition

Non-State Actors and International Law

Edited By Andrea Bianchi Copyright 2009
640 Pages
by Routledge

640 Pages
by Routledge

The expression 'non-state actors' has become part and parcel of the common parlance of international lawyers. Together with the traditional subjects of international law, such as states and international organizations, non-state actors play an important role in international law-making, law-adjudication and law-enforcement processes. Although the subjects/actors discourse takes place in a variety... Read more
Contents: Introduction: relativizing the subjects or subjectivizing the actors: is that the question?; Part I Non-State Actors in the Theory of International Law: The subjects of international law, Hersch Lauterpacht; Critical reflections on the Westphalian assumptions of international law and organization: a crisis of legitimacy, A. Claire Cutler; (I can't get no) recognition: subjects doctrine and the emergence of non-state actors, Jan Klabbers; The emergence of non-governmental organizations and transnational enterprises in international law and the changing role of the state, Daniel Thürer; Paul Ricoeur and international law: beyond 'the end of the subject', Janne E. Nijman. Part II The Empirical Approach: Selected Non-State Actors: The individual and the international legal system, Robert McCorquodale; Nongovernmental organizations and international law, Steve Charnovitz; The invisible college of international lawyers, Oscar Schachter. Part III Participation by Non-State Actors in International Legal Processes: Law Making: NGOs, the International Criminal Court and the politics of writing international law, Michael J. Struett; The Ottawa Convention banning landmines, the role of international non-governmental organizations and the idea of international civil society, Kenneth Anderson; Law Adjudication: The amicis curiae before international courts and tribunals, Lance Bartholomeusz; Law Enforcement: The environmental accountability of the World Bank to non-state actors: insights from the inspection panel, Alix Gowlland Gualtieri; Globalization of human rights: the role of non-state actors, Andrea Bianchi. Part IV Non-State Actors' Accountability: the Quest for New Paradigms: The changing international legal framework for dealing with non-state actors, August Reinisch; Punishment of non-state actors in non-international armed conflict, William A. Schabas; Torture committed by non-state actors: the developing jurisprudence from the ad hoc tribunals, Jill Marshall; Responsibility beyond borders: state responsibility for extraterritorial violations by corporations of international human rights law, Robert McCorquodale and Penelope Simons; Overcoming NGO accountability concerns in international governance, Erik B. Bluemel; Name index.

Biography

Andrea Bianchi is Professor of International Law, Graduate Institute of International and Development Studies, Geneva, Switzerland.