The Role of International Actors in Norm Emergence
In: International Approaches to Governing Ethnic Diversity, S. 128-166
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In: International Approaches to Governing Ethnic Diversity, S. 128-166
In this paper, the implicit and explicit conceptualizations of international organizations found in the three major theories of international relations are outlined and compared. It turns out that in a neorealist framework, international organizations can be explained; however, they exhibit no autonomy and cannot therefore be conceptualized as a corporate actor. Principally, the same applies to rational choice institutionalism, although limited autonomy is conceivable. Both theories are reductionist in the sense that they do not allow a corporate actor beyond the nation-state. International organizations are at best instruments of state interests. Solely social constructivist theories allow a conceptualization of international organizations as partly autonomous corporate actors. The reason for this conceptual openness lies in its ontology that includes ideational factors such as knowledge and ideas. The concept of emergence gives the core explanation for international organization autonomy: identities and interests of states and international organizations constitute each other mutually. This is specified by referring to the generation of new knowledge within international organizations as the key feature which accounts for feedbacks to the member-states of international organizations. This power of international organizations to alter perceptions and identities of their own 'founding fathers' makes them more than state instruments. International organizations thereby gain autonomy, which justifies conceiving of them as high-order corporate actors in international relations.
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In: Preprints of the Max Planck Institute for Research on Collective Goods 2008,7
In: Proceedings of the annual meeting / American Society of International Law, Band 102, S. 450-452
ISSN: 2169-1118
In: World journal of social science, Band 2, Heft 1
ISSN: 2329-9355
In: International journal of political economy: a journal of translations, Band 33, Heft 4, S. 43-59
ISSN: 0891-1916
In: European yearbook of international economic law 2021, special issue
Bruno Sousa Rodrigues, UNCITRAL and the Governance of International Investments -- Rosario Ojinaga Ruiz and Maria Lina Leiva, EU as a Driver in the Judicialization Process of International Investment Disputes: ISDS Reform and EU Judicial System -- Eleni–Amalia Giannakopoulou and Marios Tokas, Compulsory Optionality: International Standardizing Bodies as Transnational Actors in International Investment Law -- Krystle Baptista, New Actors in Investment Arbitration: The Legitimate Government -- Ioannis Prezas, International Non-investment Courts and Tribunals as Transnational Actors in International Investment Law and Arbitration? -- Fulvio Maria Palombino and Gustavo Minervini, Apropos of the External Precedent: Judicial Cross-Pollination between Investment Tribunals and International Courts -- Ksenia Polonskaya, Domestic Courts as Transnational Actors in International Investment Law: A Canadian Perspective -- Aikaterini Florou, A Middle Path of ISDS Reform: The Principle of Comity as a Means of Strengthening the Role of National Courts in the Enforcement of Investment Arbitral Awards. .
In: Studies on international courts and tribunals
International courts and tribunals differ in their institutional composition and functions, but a shared characteristic is their reliance on the contribution of individuals other than the judicial decision-makers themselves. Such 'unseen actors' may take the form of registrars and legal officers, but also non-lawyers such as translators and scientific experts. Unseen actors are vital to the functioning of international adjudication, exerting varying levels of influence on judicial processes and outcomes. The opaqueness of their roles, combined with the significance of judicial decisions for the parties involved as well as a wider range of stakeholders, raises questions about unseen actors' impact on the legitimacy of international dispute settlement. This book aims to answer such legitimacy questions and identify 'best practices' through a multifaceted enquiry into common connections and patterns in the institutional composition and daily practice of international courts and tribunals.
In: Developments in international law volume 74
Introduction : non-state actors, changing actors, and subjects of international law / Charles-Emmanuel Côté -- Sovereignty's accommodations : quasi-states as international lawmakers / Kathleen Claussen -- Quasi-States and sport : building a case for statehood / Ryan Gauthier -- Self-determination claimant groups and the creation of international norms / Amy Maguire -- Indigenous peoples as actors in international law-making : focusing on international environmental law / Yuko Osakada -- Legally sculpting a melting arctic : states, indigenous peoples and justice in multilateralism / Sabaa Ahmad Khan -- Legitimacy, participation, and international law-making : 'fixing' the restitution of cultural property to indigenous peoples / Shea Elizabeth Esterling -- Procedural barriers to indigenous peoples' participation in international lawmaking : extended continental shelf delimitation in Inuit Nunaat / Zhannah Voukitchevitch -- Non-state actors as invisible law makers? Domestic Implementation of Financial Action Task Force (FATF) Standards / Mari Takeuchi -- Reorienting the role of nonstate actors in global climate governance / Jason MacLean -- The influence of the individual and the corporation on the state's exercise of jurisdiction under international law : the case of business and human rights arbitration / Sarah Castles -- Beyond the state : individual civil responsibility for violations of international law / Miriam Cohen -- Asymmetrical legal conflicts / Shiri Krebs -- Reconsidering the classification of extraterritorial conflict with armed groups in international humanitarian law / Shin Kawagishi -- The status of rebels in non-international armed conflict : do they have the right to life? / Kentaro Wani -- Non-state actors in international dispute settlement : the case of domestic investment statutes / Jarrod Hepburn.