Do Non-State Actors Strengthen or Weaken International Law?

2019 ◽  
pp. 130-143
Author(s):  
Jean d’Aspremont
Keyword(s):  
International Law ◽  
Legal Thought ◽  
The World ◽  
State Actors ◽  
The Way

The chapter compares the liberal beliefs and sensibilities informing the question of the rise or decline of international law with the liberalism found in the way in which the concept of non-state actors has been conceptualized, theorized, and used in international legal thought and practice. It shows that the question of whether non-state actors strengthen or weaken international law prejudges its very answer and supports an image of international law on the rise. In doing so, the discussion simultaneously shows that liberal discourses are organized around liberal symbioses that are necessary to preserve international lawyers’ confidence in the ability of international law to intervene in the problems of the world.

The Plurality of States and the World Order of Reason

2017 ◽  
Author(s):  
Sergio Dellavalle
Keyword(s):  
International Law ◽  
Social Order ◽  
World Order ◽  
The State ◽  
New Paradigm ◽  
The World ◽  
The Way

This chapter argues that Hegel can be regarded as the philosopher who was the first to pave the way to a new paradigm of order and, thus, also to a new idea of the relation between the state and international law. Hegel would not only conceive order as a ‘system’—which emerges clearly from the investigation of the deep connection between his interpretation of international law and relations and the broader context of his philosophy—but this ‘system’ would also be something new within the horizon of the patterns of social order. Indeed, two elements of a new paradigm are at least sketched in Hegel’s philosophy: the polyarchic setting of order, and its dialectic (or maybe even communicative) understanding.

scholarly journals Sensing Possibility in International Law – Concepts and Categories for the 21st Century: A Response to Fleur Johns

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 200-204
Author(s):  
Keith Culver
Keyword(s):  
Big Data ◽  
International Law ◽  
21St Century ◽  
Concepts And Categories ◽  
The World ◽  
Algorithmic Analysis ◽  
The Way

Fleur Johns raises the alarm regarding the potential for algorithmic analysis of big data to change fundamentally the way international lawyers and their allies gather and interpret facts to which international law is applied. Johns invites her readers to join her in seeking ways to save the aspirations of law on the “global plane” from these disruptive forces. In what follows I take up Johns’ invitation, in the spirit of its advancing claims “in a speculative or polemical mode,” asking the reader to withhold for a moment demands for completeness, instead joining in exploration of how the world of international law might be viewed differently if a larger version of Johns’ argument holds.

A Worldly Law in a Legal World

2021 ◽  
pp. 110-123
Author(s):  
Jean d’Aspremont
Keyword(s):  
International Law ◽  
Legal Thought ◽  
The World

Most of international legal thought and practice rests on a distinction between international law and the world to which international law applies. It is informed, in this sense, by what is called here a form of ontological dualism whereby the actuality, historicity, and materiality of international law is distinct from the actuality, historicity, and materiality of the world to which international law applies. This chapter questions the ontological dualism that dominates international law and shows that, notwithstanding this common ontological dualism, international law and the world to which it applies are better construed as having no distinct actuality, historicity, and materiality. It argues that international law exists nowhere else than in the world to which it applies and the world to which international law applies exists nowhere else than in international law.

scholarly journals The WTO practice of legality is ensuring transparency for self-enforcing trade

2018 ◽  
Vol 17 (3) ◽  
pp. 132-155
Author(s):  
Abdulmalik Altamimi
Keyword(s):  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
World Trade Organisation ◽  
Content Type ◽  
Interactional Theory ◽  
Original Analysis ◽  
The World ◽  
Accession Process ◽  
State Actors

Purpose One of the core objectives of the World Trade Organisation (WTO) is to maintain a practice of legality, including guaranteeing state and non-state actors interact based on the world trade norms. In seeking to achieve this objective, the WTO aims to uphold the trade rule of law by emphasising compliance with specified rules and procedures during the accession process, dispute settlement and trade policy review. This study aims to review these compliance procedures by invoking the interactional international law concept of a community of legal practice. Second, it briefly illuminates Chad Bown’s proposal to establish an institute for assessing WTO commitments to improve member states’ remit to detect, challenge and deter noncompliance. Design/methodology/approach This paper is based on Jutta Brunnée and Stephen Toope’s Interactional Theory of International Law. Findings There is a strong link between transparency and enforcement in WTO law. The efficacy of the WTO law depends not only on its role in adjudication, but also on facilitating interactional legal practices, within and outside the WTO. Originality/value This paper offers an original analysis of the practices of compliance with WTO obligations and illuminates a new proposal for improving compliance. To attract and maintain compliance, the WTO needs to facilitate transparent interactional legal practices for states and non-state actors.

The Roles of Non-State Actors in Lawmaking within the Global Intellectual Property Regimes of WIPO and TRIPs

2012 ◽  
Vol 14 (1) ◽  
pp. 33-61
Author(s):  
Barbara K. Woodward
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Multinational Corporations ◽  
Intellectual Property Rights ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The World ◽  
History Of ◽  
State Actors ◽  
Property Regimes

Abstract Non-State actors (NSAs), including business and industry non-governmental organizations (NGOs), lawyers’ NGOs and executives of multinational corporations, have played important roles in shaping international law regulating legal monopolies of intangible interests as intellectual property (IP) rights (IPR). The two global IPR regimes (GIPRRs), the World Intellectual Property Organisation (WIPO) and Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), have emphasized protection of such interests. Civil society NGOs (CS-NGOs) have increasingly engaged with these institutions, adding new dimensions to IP discourse. This paper investigates NSA involvement in developing the concept of IP and the GIPRRs themselves and contemporary NSA participatory rights and practices in both regimes. It offers a normative analysis of the future outlook of NSA influence, including potential impacts of increasing CS-NGO participation, assimilation of UN values, and influence of the history of IPR on the development and applicability of the concept of ‘public participation’ to the GIPRRs.

scholarly journals On Foucault and Wolff or from Law to Political Economy

2012 ◽  
Vol 25 (3) ◽  
pp. 627-645
Author(s):  
MATT CRAVEN
Keyword(s):  
Political Economy ◽  
Everyday Life ◽  
International Law ◽  
Fine Grained ◽  
Legal Thought ◽  
The Subject ◽  
Raison D’État ◽  
Historical Tradition ◽  
The Way

AbstractEven if Foucault was generally disposed to avoid the category of sovereignty in his genealogy of governmentality, his lectures on the subject nevertheless have much to offer for our understanding of the historical tradition of international legal thought. The purpose of this article is to try to situate Christian Wolff's account of the jus gentium within Foucault's work, focusing in particular upon the way in which Wolff might be seen to exemplify elements of the transition identified by Foucault from government according to raison d'état to a new art of government informed by the emergence of political economy. This, it is argued, not only makes legible certain elements of Wolff's work that have otherwise remained obscure, but points also to the place of international law in the fine-grained materiality of everyday life.

scholarly journals Regime pluralism and the global regulation of oil pollution liability and compensation

2009 ◽  
Vol 5 (4) ◽  
pp. 379-391 ◽  
Author(s):  
James Harrison
Keyword(s):  
International Law ◽  
Oil Pollution ◽  
Global Regulation ◽  
Business Interest ◽  
State Actors ◽  
Law Making ◽  
The Way

Whilst international law has traditionally been dominated by states, non-state actors today have an increasing influence on many spheres of international life. This paper argues that non-state actors, in particular business interest non-governmental organisations (BINGOs), not only participate actively within those inter-governmental regimes which have been created by states, but they are also able to establish their own private regimes on particular issues in which they have an interest. The global regulation of oil pollution liability and compensation is used as an example to show how inter-governmental and private regimes can overlap and interact with one another. Such interplay poses several challenges for the way in which we understand traditional state-centred international law-making. At the same time, private regimes themselves raise their own questions of legitimacy and effectiveness.

The WTO as Linkage Machine

2002 ◽  
Vol 96 (1) ◽  
pp. 146-158 ◽  
Author(s):  
José E. Alvarez
Keyword(s):  
International Relations ◽  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
International Regimes ◽  
Intergovernmental Organizations ◽  
Interstate Cooperation ◽  
The World ◽  
State Actors

The contributors to this symposium, both principal authors and commentators, ably demonstrate that there are indeed “overarching constructs” linking the subdisciplines of international law. All of the writers here assume that linkage issues arise for the World Trade Organization, as they have with respect to a number of other intergovernmental organizations, precisely because centralized, quasi-autonomous institutions maybe relatively effective vehicles for the promotion of interstate cooperation between rational, egoistic state actors. All of them assume, as scholars of international relations and economists have long recognized, that many international regimes are linkage machines by their very nature. It is important to recall why this is so in order to consider when or how an organization’s attempts at linkage may fail.

scholarly journals WATER FOR ALL? DEVELOPING A HUMAN RIGHT TO WATER IN NATIONAL AND INTERNATIONAL LAW

2016 ◽  
Vol 65 (4) ◽  
pp. 771-789 ◽  
Author(s):  
The Rt Hon Lady Justice Arden
Keyword(s):  
Twentieth Century ◽  
Human Rights ◽  
World War Ii ◽  
International Law ◽  
Universal Declaration ◽  
European Convention ◽  
World War ◽  
Human Right ◽  
The World ◽  
The Way

Human rights are one of the great ideas of the twentieth century. After World War II, first Eleanor Roosevelt in relation to the Universal Declaration of Human Rights (‘the Universal Declaration’), and then later the drafters of the European Convention on Human Rights (‘the European Convention’) saw human rights as the way to make the world fairer and safer.

Constitution transformation

2021 ◽  
Vol 10 (2) ◽  
pp. 237-255
Author(s):  
Cheryl Saunders
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Global Scale ◽  
First Century ◽  
Paradigm Change ◽  
Global Effect ◽  
Generic Concept ◽  
The World ◽  
Global Constitutionalism ◽  
The Way

AbstractThis article explores the extent to which (if at all) the concept of a constitution is undergoing change in the conditions of globalization that characterize the early decades of the twenty-first century, to an extent that might be described as transformation. The question is prompted both by familiar manifestations of the interdependence of domestic constitutional and international law and practice, and by the interpretation placed on them by some of the literature on global constitutionalism. Some – although by no means all – of the literature and the experience on which it draws relate to the extent of transnational influence on the way in which constitutions now are made or changed: constitution transformation in the narrow, or more particular, sense. The article seeks to answer this question with reference to global constitutional experience, including – critically – experience in Asia, as one of the largest and most diverse regions of the world, too often omitted from studies of this kind. To this end, the article considers whether the concept of a constitution can be regarded as having been globally shared in any event; examines the phenomena associated with globalization that might suggest a paradigm change; and considers the arguments that mitigate against change, at least on a global scale. In exploring these factors, it necessarily considers the extent to which states in different regions of the world diverge in their experiences of the internationalization of constitutional law. The article concludes that, on balance, it is not plausible to argue that the generic concept of a constitution has changed, with global effect. It does, however, acknowledge that current conditions of globalization present a series of challenges for national constitutions. Responding to them might itself be regarded as an exercise in global constitutionalism.

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