Suchergebnisse

Any observer of the practice of the International Court of Justice (hereafter the ICJ or the Court) may have noticed the growing tendency of the United Nations judicial body to formulate recommendations to the parties that have appeared before it. Indeed, the Court is more and more inclined to recommend that the parties allay their dispute and alleviate all ensuing human sufferings. This leaning is particularly observable when the Court simultaneously dismisses a request for the indication of provisional measures. For instance, in the recent order rendered by the Court in the case concerning theArmed Activities on the Territory of Congo (Democratic Republic of the Congo v Rwanda), the Court made the following declaration:

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 a pure theory of law / Jorg Kammerhofer -- 4. Non-state actors from the perspective of the policy-oriented school : power, law, actors and the view from new haven / Antony d'Amato -- 5. Towards an interdisciplinary approach to non-state participation in the formation of global law and order / Math Noortmann -- 6. Non-state actors in French legal scholarship : international legal personality in question / Nicolas Leroux -- 7. Non-state actors in North American legal scholarship : four lessons for the progressive and critical international lawyer / Remi Bachand -- 8. Non-state actors in Southeast Asia : how does civil society contribute towards norm-building in a state-centric environment? / Tan Hsien-Li -- 9. Contemporary Russian perspectives on non-state actors : fear of the loss of state sovereignty / Lauri Malksoo -- 10. Non-state actors from the perspective of the international court of justice / Gleider I. Hernandez -- 11. Non-state actors from the perspective of the international law commission / Gentian Zyberi -- 12. Non-state actors from the perspective of the Institut de Droit International / Francois Rigaux -- 13. Non-state actors from the perspective of international criminal tribunals / Guido Acquaviva -- 14. Non-state actors from the perspective of the International Committee of the Red Cross / Raphael van Steenberghe -- 15. The International Law Association and non-state actors : professional network, public interest group or epistemic community? / Math Noortmann -- 16. NGOs' perspectives on non-state actors / Gaelle Breton-Le Goff -- 17. Non-state actors and human rights : corporate responsibility and the attempts to formalize the role of corporations as participants in the international legal system / Eric de Brabandere -- 18. Non-state actors in international humanitarian law / Cedric Ryngaert -- 19. Non-state actors in international criminal law / Cassandra Steer -- 20. Non-state actors in international institutional law : non-state, inter-state or supra-state? : the peculiar identity of the intergovernmental organization / Richard Collins -- 21. Non-state actors in international peace and security : non-state actors and the use of force / Nicholas Tsagourias -- 22. Non-state actors in international dispute settlement : pragmatism in international law / Eric de Brabandere -- 23. Non-state actors in international investment law : the legal personality of non-state actors in international investment law / Patrick Dumberry and Erik Labelle-Eastaugh -- 24. Non-state actors in international environmental law : a Rousseauist perspective / Makane Moise Mbengue -- 25. Non-state actors in refugee law : l'etat, c'est moi : refugee law as a response to non-state action / Penelope Mathew -- 26. Non-state actors in European law : enhanced participation of non-state actors in EU law-making and law-enforcement processes : a quest for legitimacy / Damien Gerard -- 27. Conclusion : inclusive law-making and law-enforcement processes for an exclusive international legal system / Jean d'Aspremont.

International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.