ABSTRACT

Thomas Kleinlein explores the significance of the role and status of non-state actors in the light of one of the most successful theories of international law in the contemporary international legal scholarship, that is the constitutionalist approach to international law. After giving a short account of the basic features of the constitutionalist approach, he elaborates on the possible interfaces between international constitutionalism and subjects doctrine and shows how the impact of new participants in the international legal system is ambivalent from a constitutionalist perspective. Despite this finding, he attempts to evaluate the extent to which non-state actors can nevertheless be accommodated in a general concept of international legal personality perceived as membership in the global constitutional community.