Sources and the Subjects of International Law

2018 ◽  
Author(s):  
Robert McCorquodale
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
Legal Pluralism ◽  
Armed Groups ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Multiple Actors ◽  
Law Making

This chapter explores the range of participants involved in international law-making, including corporations, non-State armed groups, and non-governmental organizations, in addition to States and international organizations. The approach taken in this chapter is that of global legal pluralism, which recognizes that there can be multiple actors participating in a legal system to create law, and which accepts disparities in powers. In addition, the chapter indicates that the terminology of ‘subjects’ is deeply problematic in international law and should be abandoned.

scholarly journals An Introduction: International Law as Instrument

2019 ◽  
Vol 113 ◽  
pp. 1-2
Author(s):  
Rebecca Ingber ◽  
Neha Jain ◽  
Rahim Moloo
Keyword(s):  
Climate Change ◽  
International Law ◽  
International Organizations ◽  
Cross Border ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Humanitarian Crises ◽  
International Legal System ◽  
Fact Finding

Discussions of international law often focus on questions of constraint and prohibition. This year's Annual Meeting considered the role of international law as an instrument. Actors on the international stage use a variety of tools to address their concerns, from climate change to economic development; from humanitarian crises to cross-border disputes; from commercial regulation to global trade. Governments and international organizations employ diplomacy and coercion, corporations use negotiation and persuasion, and non-governmental organizations engage in fact-finding and advocacy. And all of these actors affect and are affected by international law and use the international legal system to effectuate change and solve problems.

Non-Governmental Organizations and Civil Society

2008 ◽  
Author(s):  
Peter Spiro
Keyword(s):  
Civil Society ◽  
International Law ◽  
Environmental Law ◽  
World Politics ◽  
International Environmental Law ◽  
International Regulation ◽  
Governmental Organizations ◽  
Theoretical Approaches ◽  
Non Governmental Organizations ◽  
Law Making

Among the features of emerging decision-making structures, the participation of non-governmental organisations (NGOs) may be the least amenable to traditional models of world politics. For political leaders and scholars alike, NGOs' place and legitimacy as independent global actors remains contested. International environmental law making has presented a useful vehicle for the study of NGOs and civil society in this new global context. Along with human rights, international environmental law stands at the forefront of international law making. A relatively new area of intensive international regulation, its institutional features are thus only now being mapped out, and can reflect the evolving role of NGOs in a way that more entrenched regimes cannot. This article examines major theoretical approaches to NGO participation in international law, both generally and with specific application to international environmental law. It also considers their place in liberal theory, focusing on NGOs as stakeholders acting through international institutions and as freelancers acting through the marketplace.

scholarly journals O.I.T.A.F. and CEOC as examples of international organizations and associations dealing with transportation by rope

2017 ◽  
Vol 2017 (3) ◽  
pp. 12-19
Author(s):  
Sebastian Rudnik
Keyword(s):  
International Law ◽  
International Organizations ◽  
Public International Law ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Definition Of

The purpose of this article is an attempt of describing the fundamental problems associated with the nature of international non-governmental organizations. The paper analyses the definition of international organizations (governmental and non-governmental) functioning in public international law. The classification of international non-governmental organizations will be also presented, as well as the examples of the functioning of the two international organizations dealing with transportation by rope and safety of technical devices.

A Venture into Legal Theory

2021 ◽  
pp. 93-107
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
Legal Theory ◽  
Legal Pluralism ◽  
Point Of View ◽  
International Organization ◽  
Legal Systems ◽  
Novel Theory ◽  
Fragmentation Of International Law

This chapter presents a novel theory on the concept of an international organization. It discusses the meaning of legal systems in legal pluralism, against the background of the fragmentation of international law and interlegality. It relies on the analytical theory of Hart and the institutionalism of Santi Romano. Two notions are applied to international organizations: relative/absolute legality and original/derived legal systems. The absolute legality of the rules of international organizations is a combination of the derivative nature of the legal system that produces them and the point of view of the legal system in which the rules are implemented. The conclusion is that international organizations are dual entities: ‘international organization means an institution established by a treaty or other instrument governed by international law and capable of creating a legal system which derives from international law and that produces law which is at the same time internal and international’.

scholarly journals Attributing Wrongful Conduct of Implementing Partners to unhcr

2014 ◽  
Vol 5 (1-2) ◽  
pp. 42-69 ◽  
Author(s):  
Maja Janmyr
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
Refugee Camps ◽  
International Protection ◽  
Host State ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
High Commissioner ◽  
International Responsibility

Refugee camps are often managed by a wide set of actors other than the Host State. The United Nations High Commissioner for Refugees (unhcr), tasked under international law to provide “international protection” to refugees and to seek “permanent solutions for the problem of refugees”, often sub-contracts the daily management of camps to non-governmental organizations (ngo). In 2013, unhcr collaborated with 733 ngos worldwide. Together with unhcr, these “implementing partners” often perform public powers normally exercised by the Host State. But when human rights violations occur following the conduct of a unhcr implementing partner, which actor(s) are responsible under international law? This article focuses on unhcr’s international responsibility for the conduct of ngo implementing partners. By exploring unhcr’s standard sub-contracting agreements through the lens of the International Law Commission’s (ilc) Articles on the Responsibility of International Organizations (ario), it answers questions such as: Which human rights requirements does unhcr place on implementing partners? Under what circumstances may unhcr be held responsible under the ario for the acts of its implementing partners? It finds that an application of the ario would make unhcr internationally responsible for the wrongful conduct of implementing partners, even when sub-contracting agreements include clauses absolving unhcr from any liability.

International Law within the Israel Legal System

1990 ◽  
Vol 24 (3-4) ◽  
pp. 451-484 ◽  
Author(s):  
Ruth Lapidoth
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
The State ◽  
Laws Of War ◽  
International Treaties ◽  
The Status ◽  
The Military ◽  
State Of Israel ◽  
High Seas

Since the establishment of the State and up to the present day, Israeli law has had to deal with a great number of various problems in the field of international law, e.g. whether the State of Israel is a successor to the obligations of the Mandatory government; the jurisdiction of the Israeli courts with regard to offences committed in demilitarized zones or beyond the State's boundaries (on the high seas or abroad); the immunity of foreign states and their representatives from the jurisdiction of Israeli courts and from measures of execution; the status of international organizations and of their employees; the effect and implications of official acts performed within the territory of a state which is at war with Israel; the effect of international treaties in Israel; the question whether the Eastern neighbourhoods of Jerusalem are part of Israel; various issues concerning extradition, and of course, many questions regarding the laws of war: the powers of the military governor, and in particular his power to expropriate land in the territories under Israeli control and to expel residents from the territories, the extent of his legislative powers, etc.

The Institutionalization of a Process

2016 ◽  
Vol 13 (2) ◽  
pp. 308-340
Author(s):  
Gloria Fernández Arribas
Keyword(s):  
Decision Making ◽  
International Law ◽  
International Organizations ◽  
Legal Order ◽  
International Organization ◽  
Soft Law ◽  
Decision Making Process ◽  
Main Task ◽  
Kimberley Process ◽  
Law Making

The Kimberley Process represents a new method of international cooperation between subjects of international law. It was named by its creators as a process, setting it apart from international organizations, and leading too to its consideration as informal international law-making or soft law. In this study we shall analyze the extent to which the Kimberley Process falls into these categories. Our main task, however, is to compare it to formal international organizations, with a view to establishing whether what really has been created is an institutionalization process that is like an international organization, but with a different name. To do this, we will analyze with reference to the Kimberley Process the various respective fields of international organizations, such as founding agreement, membership, structure, decision-making process and legal order.

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