Suchergebnisse

Since the end of the Cold War, globalization has brought new actors to the political arena. One of those which has attracted considerable attention in academic research is civil society or NGOs. Claudia Kissling addresses the topic of civil society participation in the nuclear non-proliferation regime. The regime qualifies well for this objective since it features, given its characteristics as a treaty regime in the international security field, notable legal avenues for civil society participation. The study takes on a twofold perspective. It addresses the empirical question of whether civil society can contribute to the evolution of regimes in the security field, especially when it comes to security cooperation. It also questions whether civil society can, under certain conditions, contribute to the democratic quality of international decision-making. Here, empirical findings are used in order to test normative political theories on the legitimacy and democracy of global institutions.

"The Committee of Non-State Actors of the International Law Association (ILA), The Institute for Transborder Studies (ITS) at Kwantlen Polytechnic University, the Leuven Centre for Global Governance Studies, Oxford Brookes University, in collaboration with the ILA-Canada, the Flemish Scientific Research Fund (FWO, 'the network'), and the Canadian Bar Association-British Columbia Branch are acknowledged for their support and sponsorship of the Conference on The Responsibilities of Non-State Actors in International Law, held at Kwantlen Polytechnic University, 27-28 June 2013, Richmond, British Columbia, Canada at which the papers in this anthology were first presented and discussed."

Illegal, Unreported and Unregulated (IUU) fishing has been identified by the UN as one of the seven major threats to global maritime security; it causes loss of economic revenue, severe environmental damage, and far-reaching livelihood implications for coastal communities. Indonesia, by far the biggest archipelagic state, faces enormous challenges in all aspects of IUU fishing and addressing those is one of the current Indonesian Government's top priorities. This article addresses the under-researched dimension of how IUU fishing affects fishing communities. With the use of collage making focus groups with fishermen from different Indonesian fishing communities, the research highlights the interrelated environmental (depletion of resources), socio-economic (unbridled illegal activities at sea), cultural (favouritism) and political (weak marine governance) dimensions of IUU fishing as experienced at the local level. However, the research also indicates a strong will by fishermen to be seen as knowledge agents who can help solve the problem by better dissemination of information and cooperation between the local government(s) and the fishing communities. The article concludes by arguing for the involvement of local fishing communities in national and international policy making that addresses IUU fishing.

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.

Combining normative analysis and theory-driven empirical research in a comparative framework, this volume clarifies and explains the connections between regional international governance, legitimacy and democracy. It focuses on the quality of democracy and the legitimacy of policy making in multilevel regional systems. The volume offers a much-needed clarification of confusing concepts such as legitimacy, democracy and 'civil society' in non-national political systems. It critically assesses the quality of democracy and legitimacy within different Regional International Organizations (RIOs); it examines how networks of non-state actors become a kind of transnational civil society and assesses their potential for solving legitimacy deficits; and it investigates the impact of democratic conditionality in different RIOs. The contributors deepen our understanding of a relatively new non-state actor on the international scene - the regional international organization - and investigate the potential contribution of transnational non-state actors to the quality of governance at the regional level.