ABSTRACT

Non-state actors have always been treated with ambivalence in the works of international law. While their empirical existence is widely acknowledged and their impact and influence uncontested, non-state actors are still not in the centre of international legal research. The idea that non-state actors are not law-makers, however, stands in sharp contrast with the growing notion of non-state actors as law-takers. This book examines the position of non-state actors in international law as law-makers and law-takers and questions whether these different positions can or should be separated from each other. Each contribution reveals both the political and normative aspects of the question as well as the positivistic possibilities and constraints to accommodate non-state actors as law-takers and law-makers in the contemporary international legal system. Altogether, each expert reveals that the position of non-state actors in international law is not a fixed one but changes with the functional and theoretical perspectives of the observer. Non-State Actor Dynamics in International Law is a welcomed addition to an under researched field of legal study. An indispensable read to scholars and policy makers wishing to gain new insights into general discourse on non-state actors in international law and the process of norm formation in the international realm.

chapter 1|6 pages

Introduction

Non-State Actors: International Law's Problematic Case

part |60 pages

Part One

chapter 2|32 pages

Multinational Enterprises as Actors in International Law

Creating ‘Soft Law' Obligations and ‘Hard Law’ Rights

part |83 pages

Part Two

part |51 pages

Part Three

chapter 7|18 pages

Understanding Non-State Actors in the Contemporary World Society

Transcending the International, Mainstreaming the Transnational, or Bringing the Participants Back In?

chapter 8|24 pages

International Law-Making by Non-State Actors

Changing the Model or Putting the Phenomenon into Perspective?

chapter 9|8 pages

Non-State Actors

Law-Takers or Law-Makers? Is That the Question?