Non-state Actors and International Law最新文献

{"title":"The Judgment of the Grand Chamber in Hatton and Others v. the United Kingdom or: What is left of the 'indirect' right to a healthy environment?","authors":"H. Post","doi":"10.1163/1571807042341719","DOIUrl":"https://doi.org/10.1163/1571807042341719","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131408247","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Setting environmental standards for the conservation of marine living resources through the practice of international judiciary: An examination from the perspectives of arbitration v. judicial settlement and Compromis application v. unilateral application","authors":"Shigeta","doi":"10.1163/157180702761066922","DOIUrl":"https://doi.org/10.1163/157180702761066922","url":null,"abstract":"The practice, related to the conservation of marine living resources, of international courts and tribunals such as International Court of Justice, International Tribunal for the Law of the Sea and arbitral tribunals, has contributed to setting various kinds and forms of environmental standards for such conservation, at least in the following three ways: 1) standard setting by international judiciary itself; 2) assistance for standard setting by the parties; 3) clarification of the requirements for valid domestic standard setting.The advantages of environmental standards are considerable: a standard often reduces the costs of obtaining information and doing business because those who may be affected by a decision on an environmental matter have a right to know in advance what criteria will be applied; it can determine the point at which a sanction may be applied against someone damaging the environment; it also provides a benchmark for performance; it may provide a basis for assessing the adequacy of policies and regulatory systems; and where it relates to a specified future date, it serves as an important guide for the investment plan.However, environmental standard setting through the practice of international judiciary meets at least the following five difficulties: 1) environmental standard setting needs a lot of scientific knowledge;2) environmental standards are often very technical; 3) environmental standards frequently need periodical revision; 4) policy considerations are needed to set environmental standards; 5) the scope of law-making by international judiciary – especially in the case of judicial settlement where the strict application of law is strongly required – is inherently limited.This paper aims at examining what different influence, according to the type of international judiciary and to the manner of application, is given to environmental standard setting through the practice of international judiciary.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129291979","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Non-State Actors and the Legitimacy of International Environmental Law","authors":"Asher Alkoby","doi":"10.1163/156771203322428386","DOIUrl":"https://doi.org/10.1163/156771203322428386","url":null,"abstract":"A review of the current involvement of non-state entities in international environmental legal processes reveals a paradox: their increasing power is not supported by a recognized legal status, and despite their significant influence on the formulation, implementation and enforcement of international environmental norms they have no legal personality under international law. The first section of the article briefly reviews the involvement of non-state actors in international environmental institutions today and uses the climate change regime to illustrate the problematic treatment of non-state actors in these institutions. It then considers the benefits their involvement accrues, from a liberal perspective, and some of the problems their participation in global governance raises. Special attention is given to the involvement of business entities in international environmental institutions, by raising the question of whether they should be treated differently than non-profit NGOs. The article then critiques the normative underpinnings of the case liberal scholars make for non-state actor participation in the international legal system. It shows how a state-centric view of the international system has led some scholars to rely on a flawed analogy of the international system with national democratic structures, and brought others to imagine a two-level consent for international norms, which leaves the legitimizing effect of individuals on international law at the national level. In search for a more accurate account of international lawmaking, and in order to better explain the developments the international system is undergoing, the final part of the article turns to International Relations (IR) theory, which provides us with useful analytical tools in this preliminary attempt to reconceptualize the basic definitions in international law. After a brief review of the leading IR theories and their limited utility to the issue at hand, section IV of the article outlines an alternative conceptual framework for the emerging global civil society, drawing upon social constructivism, \"international society\" theories, and the jurisprudential insights provided by an \"interactional\" approach to international lawmaking. This new framework offers a fresh look at the international system, by taking into account all the relevant actors in it and suggesting a horizontal understanding of legitimacy in the international system. It views non-state actors as key players in international lawmaking processes, not as a \"participating public\" in an imaginary democracy, but rather as full parties to a process of norms generation, which takes place in a horizontal legal system. This effort to rethink international lawmaking is not a mere theoretical exercise - it has far reaching practical implications. State-sovereignty concerns currently prevent non-state actors from becoming fully involved in the international lawmaking process, and their participation in international i","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132356726","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Benjamin J. Richardson, Environmental Regulation through Financial Organisations: Comparative Perspectives on the Industrialised Nations","authors":"John R. Anstey","doi":"10.1163/157180703322765139","DOIUrl":"https://doi.org/10.1163/157180703322765139","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120894208","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Gerard Kreijen, Marcel Brus, Jorri Duursma, Elisabeth de Vos, John Dugard, eds., State, Sovereignty, and International Governance","authors":"L. Bartholomeusz","doi":"10.1163/1571807042341728","DOIUrl":"https://doi.org/10.1163/1571807042341728","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122406253","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The determination of customary international law in European courts (France, Germany, Italy, The Netherlands, Spain, Switzerland)","authors":"Stirling-Zanda","doi":"10.1163/157180704323129412","DOIUrl":"https://doi.org/10.1163/157180704323129412","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125244653","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The participation of non-governmental organisations (NGOs) in the WTO dispute settlement system","authors":"Irgel, Reinisch","doi":"10.1163/15718070121003482","DOIUrl":"https://doi.org/10.1163/15718070121003482","url":null,"abstract":"This article focuses on a particular aspect of the post-Uruguay Round trade dispute settlement system: the extent of the participation of non-governmental organizations (NGOs) in WTO dispute settlement. It presents this issue in a larger context of NGO representation in the WTO in general. After providing a brief summary of the present dispute settlement system, the central portion of this article will deal with the repeatedly voiced calls for a participation of NGOs in the WTO dispute settlement system. There is little doubt that in a rapidly growing global village, trade policy and other policy areas overlap more and more and thus an involvement of NGOs in the WTO dispute settlement system may be required to satisfy the need for well-informed and all-embracing decision-making. But opinions differ considerably as to whether, and how, such an active role for NGOs should be defined. Radical reformers demand standing for NGOs before WTO dispute settlement panels, whereas most scholars and policymakers would be satisfied with an extended indirect role of NGOs in panel proceedings. This article will explain the theoretical basis for this demand, examine the role NGOs currently play in WTO dispute resolution proceedings, put forward arguments for and against NGO participation, and briefly outline potential future developments.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126660995","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Almost there: Another way of conceptualizing and explaining NGOs' quest for legitimacy in global politics","authors":"Maragia","doi":"10.1163/1571807024396476","DOIUrl":"https://doi.org/10.1163/1571807024396476","url":null,"abstract":"World politics is no longer about states interacting alone in a state of anarchy, but entails a complexity of interactions between states and a myriad of actors collectively referred to as non-state actors. Unlike non-state actors like multinational corporations (MNCs) and intergovernmental organizations (IGOs), NGOs and other civil society groups and organizations do not enjoy full legal status and are often seen as anomalies in world politics. Yet, despite their alleged anomalous status, non-state actors like NGOs, not only outnumber states, MNCs and IGOs combined, but also are increasingly becoming almost indispensable players in global agenda setting, and in promulgating and enforcing global norms. Using NGOs as an example of non-state actors, this paper argues that NGOs have become or are increasingly becoming legitimate actors contrary to traditional theories of international law and international relations. First, it is argued the ontology of world politics has changed giving rise to multiple sites of authority (MSOA) and multiple sources of legitimacy (MSOL) rendering state consent less relevant as a source of legitimization. Second, NGOs may be deemed to be acquiring legitimacy or international legal personality implicitly. Specifically, recognition of NGOs in international legal instruments, their participation in the creation and enforcement of international law particularly in the environment, human rights, humanitarian areas, and increasing cooptation by states as agents through which to channel development funds are all evidence of NGOs' growing legitimacy in the system consistent with customary international law.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128987927","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The internationalisation of competition law and multinational enterprises (MNEs) as non-state actors in the process","authors":"M. Dabbah","doi":"10.1163/157180703322765067","DOIUrl":"https://doi.org/10.1163/157180703322765067","url":null,"abstract":"The present article aims at giving an overview of the internationalisation of competition law with specific reference to the role of multinational enterprises (MNEs) as non-state actors in the process. The article highlights the increasing significance, which competition law has come to witness over the years. It looks into why the need to internationalise competition law has arisen and considers the process of globalisation and its implications for competition law and policy. The article shows that MNEs are important actors in the process of internationalisation and that an examination of the topic must be sensitive to the views and concerns of MNEs. It also shows that MNEs are a crucial variable in determining the extent to which competition law is internationalised.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117344972","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Beyond myth and reality on the expedition to the cosmopolitan utopia: The parable of human rights","authors":"Tseng","doi":"10.1163/157180702761066931","DOIUrl":"https://doi.org/10.1163/157180702761066931","url":null,"abstract":"International law and jurisprudence share a certain bond: both subjects have been characterised by efforts to emerge from the hazy shadows of law. ``Proper'' lawyers do not tire of repeating the old refrain that international law is really ``not law'' at all. Nor do they forbear from asserting to jurisprudence that the recalcitrant questions into which the latter inquire oblige them to use pseudo-rational concepts such as ``morality'' and ``justice,'' leading them down a meandering garden path strewn with metaphysical superstitions. Conventional lawyers generally concern themselves with questions that can be settled by reference to ordinary legal techniques which identify the type of legal argument or evidence that is relevant. They dismiss the importance of resolving questions that are not amenable to the legal method and label them as ``jurisprudential''. It is hoped that international lawyers prove more receptive to taking seriously the jurisprudential questions in their field. What are ``human rights''? Are they the distinctive product of Western liberalism or can they lay claim to being universal in some sense? Far from being idle distractions, these questions have significant implications for the structure of international law.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133014828","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}