ABSTRACT

This chapter reflects on the interconnectedness of the concepts of personality and participation. It discusses the two concepts separately; stressing the ‘political’ in international legal personality and the ‘legal’ in political participation. The chapter describes therefore not a mere iteration of the state of the art on non-governmental organizations (NGOs) in international law, but seeks to contribute to the development of the discourse on NGOs in international law and to the further conceptualization of transnational law as an all-inclusive legal arena beyond the national and the international. It discusses international legal positivism’s approaches to NGOs and its alternatives in detail. The chapter focuses on the politics of legal personality. It explores the legal implications of participation by looking at ‘formal and informal participation’, ‘participatory rights and obligations’ and ‘inclusive law-making’. The chapter examines adhere to a transdisciplinary approach, because as Julian Webb rightly contents, “‘Law and Sociology’ is not enough” and complexity has risen beyond that level of understanding.