Jean dAspremont - Participants in the International Legal System: Multiple Perspectives on Non-State Actors in International Law
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The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are now playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law.
This collection features contributions by renowned scholars, each of whom focuses on a particular theory or tradition of international law, a region, an institutional regime or a particular subject-matter, and considers how that perspective impacts on our understanding of the role and status of non-State actors. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental in the perception of non-State actors. In doing so the volume provides a wide panorama of all the contemporary legal issues arising in connection with the growing role of non-state actors in international-law making and international law-enforcement processes.
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Legal System
The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-state actors, including individuals, insurgents, on multinational corporations, being involved. This growth in the importance of non-state actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-state actors are now playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law.
This collection features contributions by renowned scholars, each of whom focuses on a particular theory or tradition of international law, a region, an institutional regime or a particular subject-matter, and considers how that perspective impacts on our understanding of the role and status of non-state actors. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental in the perception of non-state actors. In doing so the volume provides a wide panorama of all the contemporary legal issues arising in connection with the role and status of non-state actors in international law-making and international law-enforcement processes.
Jean d'Aspremont is Associate Professor of International Law and Senior Research Fellow of the Amsterdam Centre for International Law at the University of Amsterdam (UvA), the Netherlands.
Available:
International Law and the Third World
Reshaping Justice
Richard Falk, Balakrishnan Rajagopal and Jacqueline Stevens (eds)
International Legal Theory
Essays and Engagements, 19662006
Nicholas Onuf
The Problem of Enforcement in International Law
Countermeasures, the Non-injured State and the Idea of International Community
Elena Katselli Proukaki
International Economic Actors and Human Rights
Adam McBeth
The Law of Consular Access
A Documentary Guide
John Quigley, William J. Aceves and Adele Shank
State Accountability under International Law
Holding States Accountable for a Breach of Jus Cogens Norms
Lisa Yarwood
International Organisations and the Idea of Autonomy
Institutional Independence in the International Legal Order
Richard Collins and Nigel D. White (eds)
Self-Determination in the Post-9/11 Era
Elizabeth Chadwick
Participants in the International Legal System
Multiple Perspectives on Non-state Actors in International Law
Jean d'Aspremont
Sovereignty, Jurisdiction, and Exploitation of the Seas, Polar Regions, Airspace and Outer Space
Legal Criteria for Spatial Delimitation
Gbenga Oduntan
Forthcoming titles in this series include:
The Law on the Use of Force
A Feminist Analysis
Gina Heathcote
International Law in a Multipolar World
Matthew Happold (ed.)
International Law, Regulation and Resistance
Critical Spaces
Zoe Pearson
The ICJ and the Development of International Law
The Lasting Impact of the Corfu Channel Case
Karine Bannelier, Thodore Christakis and Sarah Heathcote (eds)
Asian Approaches to International Law and the Legacy of Colonialism and Imperialism
The Law of the Sea, Territorial Disputes and International Dispute
Settlement
Jin-Hyun Paik, Seok-Woo Lee, Kevin Y. L. Tan (eds)
The Right to Self-determination Under International Law
Selfistans, Secession, and the Great Powers Rule
Milena Sterio
The Cuban Embargo Under International Law
El Bloqueo
Nigel D. White
Threats of Force
International Law and Strategy
Francis Grimal
International Legal System
Multiple perspectives on non-state actors
in international law
Edited by Jean d'Aspremont
Foreword by W. Michael Reisman
Presentation by Math Noortmann
First published 2011
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
2011 Selection and editorial matter, Jean d'Aspremont; individual chapters, the contributors
The right of Jean d'Aspremont to be identified as editor of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
Participants in the international legal system: multiple perspectives on non-state actors in international law/edited by Jean d'Aspremont.
p. cm.
Non-state actors (International relations) 2. Non-governmental organizations. Persons (International law) 4. International law.
I. Aspremont, Jean d.
KZ3925.P37 2011
341.2--dc22
2010051270
ISBN: 978-0-41556514-1 (hbk)
ISBN: 978-0-20381683-7 (ebk)
Typeset in Baskerville
by Wearset Ltd, Boldon, Tyne and Wear
Foreword: Veritas vos liberabit
W. MICHAEL REISMAN
Presentation
MATH NOORTMANN
Introduction: non-state actors in international law: oscillating between concepts and dynamics
JEAN D'ASPREMONT
PART I
Theoretical perspectives
1 Non-state actors from the perspective of legal positivism: the communitarian semantics for the secondary rules of international law
JEAN D'ASPREMONT
2 Non-state actors from an international constitutionalist perspective: participation matters!
THOMAS KLEINLEIN
3 Non-state actors from the perspective of the Pure Theory of Law
JRG KAMMERHOFER
4 Non-state actors from the perspective of the policy-oriented school: power, law, actors and the view from New Haven
ANTHONY D'AMATO
5 Towards an interdisciplinary approach to non-state participation in the formation of global law and order
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