International Agreements between Non-State Actors as a Source of International Law

International Agreements between Non-State Actors as a Source of International Law
Author: Melissa Loja
Publisher: Bloomsbury Publishing
Total Pages: 241
Release: 2022-09-22
Genre: Law
ISBN: 1509951113

This book examines whether international agreements between non-state actors can be identified as a source of international law using objective criteria. It asks whether, beyond Article 38 of the Statute of the International Court of Justice, there is a system of rules, processes, beliefs or semantics by which these agreements can be objectively identified as a source of international law. Departing from the more usual state-centric analysis, it adopts postmodern legal positivism as its analytical tool. This allows for the reality that international law-making takes place in subjective social landscapes. To test the effectiveness of this approach, it is applied to agreements between petroleum agencies and corporations which allow two or more states to exploit disputed resources across boundaries looking in particular at arrangements involving China, Vietnam and the Philippines. By so doing it illustrates an alternative way that states can manage disputes, without having to resort to conflict. It will appeal to both scholars and practitioners of public international law, as well as civil servants.

Non-state Actors and International Obligations

Non-state Actors and International Obligations
Author: International Law Association. British Branch. Annual Spring Conference
Publisher:
Total Pages: 0
Release: 2018
Genre: Non-state actors (International relations)
ISBN: 9789004340237

This collection studies the contribution of non-state actors to international obligations. Chapters by academics and practitioners address the role that these actors play in the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility and legal accountability.

International Organisations, Non-State Actors and the Formation of Customary International Law

International Organisations, Non-State Actors and the Formation of Customary International Law
Author: Jean D'Aspremont
Publisher: Melland Schill Perspectives on
Total Pages: 464
Release: 2020-12-07
Genre: Law
ISBN: 9781526134158

This collection of essays provides a comprehensive study of the theory and practice on the contribution of international organisations and non-state actors to the formation of customary international law. It offers new practical and theoretical perspectives on one of the most complex questions about the making of international law, namely the possibility that actors other than states contribute to the making of customary international law. Notwithstanding the completion by the International Law Commission of its work on the identification of customary international law, the making of customary international law remains riddled with acute practical and theoretical controversies that continue to be intensively debated. Making extensive reference to the case-law of international law courts and tribunals while also engaging with the most recent scholarly work on customary international law, this new volume provides innovative tools and guidance to legal scholars, researcher in law, law students, lecturers in law, practitioners, legal advisers, judges, arbitrators, and counsels as well as tools to address contemporary questions of international law-making. This volume includes a contribution by Michael Wood, the Special Rapporteur of the International Law Commission on the identification of customary international law, a contribution by Iris Müller, legal advisor of the International Committee of the Red Cross, as well as chapters from some of the most authoritative and established experts on the sources of international law.

Non-State Actors in International Law

Non-State Actors in International Law
Author: Math Noortmann
Publisher: Bloomsbury Publishing
Total Pages: 593
Release: 2015-08-27
Genre: Law
ISBN: 1509901868

The role and position of non-state actors in international law is the subject of a long-standing and intensive scholarly debate. This book explores the participation of this new category of actors in an international legal system that has historically been dominated by states. It explores the most important issues, actors and theoretical approaches with respect to these new participants in international law. It provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives. Relevant non-state actors discussed in this volume include, in particular, international governmental organisations, international non-governmental organisations, multinational companies, investors and armed opposition groups. Their legal position is considered in relation to specific issue-areas, such as humanitarian law, human rights, the use of force and international responsibility. The main legal theories on non-state actors' position in international law – neo-positivism, the policy-oriented approach and transnational law – are covered at the beginning of the book, and the essential political science perspectives – on non-state actors' role in international politics and globalisation, as well as their soft power – are presented at the end.

Non-State Actors and International Obligations

Non-State Actors and International Obligations
Author: James Summers
Publisher: BRILL
Total Pages: 523
Release: 2018-10-11
Genre: Law
ISBN: 9004340254

This collection studies the contribution of non-state actors to international obligations. Chapters by academics and practitioners address the role that these actors play in the sources of obligations, their implementation, human rights aspects, dispute settlement, responsibility and legal accountability.

The Sources of International Law

The Sources of International Law
Author: Hugh Thirlway
Publisher: Oxford University Press
Total Pages: 272
Release: 2019-04-03
Genre: Law
ISBN: 019257891X

This new edition of Hugh Thirlway's authoritative text provides an introduction to one of the fundamental questions of the discipline: what is, and what is not, a source of international law. Traditionally, treaties between states and state practice were seen as the primary means with which to create international law. However, more recent developments have recognized customary international law, alongside international treaties and instruments, as a key foundation upon which international law is built. This book provides an insightful inquiry into all the recognized, or asserted, sources of international law. It investigates the impact of ethical principles on the creation of international law; whether 'soft law' norms come into being through the same sources as binding international law; and whether jus cogens norms, and those involving rights and obligations erga omnes have a unique place in the creation of international legal norms. It studies the notion of 'general principles of international law' within international law's sub-disciplines, and the evolving relationship between treaty-based law and customary international law. Re-examining the traditional model, it investigates the increasing role of international jurisprudence, and looks at the nature of international organisations and non-state actors as potential new sources of international law. This revised and updated book provides a perfect introduction to the law of sources, as well as innovative perspectives on new developments, making it essential reading for anyone studying or working in international law.

Changing Actors in International Law

Changing Actors in International Law
Author: Karen Nadine Scott
Publisher: Developments in International
Total Pages: 415
Release: 2020-11-05
Genre: Law
ISBN: 9789004424142

"The 15 essays in this book began as papers presented at the Seventh Four Societies Conference hosted at Waseda University, Tokyo, in June 2018, by the Japanese Society of International Law (JSIL). The 'Four Societies' conferences are a collaborative initiative of the American Society of International Law (asil), the Australian New Zealand Society of International Law (ANZSIL), the Canadian Council on International Law (CCIL) and JSIL. The biannual conferences, which began in 2006, provide an opportunity for emerging scholars to foster a collaborative network around a common theme"--

Negotiating State and Non-State Law

Negotiating State and Non-State Law
Author: Michael A. Helfand
Publisher: Cambridge University Press
Total Pages: 363
Release: 2015-07-02
Genre: Law
ISBN: 1107083761

Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

The Oxford Handbook on the Sources of International Law

The Oxford Handbook on the Sources of International Law
Author: Samantha Besson
Publisher: Oxford University Press
Total Pages: 1233
Release: 2017
Genre: Law
ISBN: 0198745362

This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.

Self-Defence against Non-State Actors

Self-Defence against Non-State Actors
Author: Mary Ellen O'Connell
Publisher: Cambridge University Press
Total Pages: 313
Release: 2019-08
Genre: Law
ISBN: 1107190746

Provides a multi-perspective study of the international law on self-defence against non-State actors.