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Jean d’Aspremont

The question of the role of non-State actors in custom-forming processes has recently resurfaced in international lawyers’ discourses. We have been here before. In fact, the contribution of non-State actors to international customary law – that is to behaviourally self-generated law – has already been the object of innumerable discussions and scholarly exchanges over the last decade. 1 Previously, scholarly interest for the question had been kindled by the International Committee of the Red Cross’s study on customary humanitarian law and, especially by some of

in International organisations, non-State actors, and the formation of customary international law
Fabian Cardenas

The influence of non-State actors in international law is almost uncontested. 1 It is commonly recognized that non-State actors have definitely revolutionized the traditional State-centric perspective of international law as they have permeated multiple international legal dynamics and institutions. 2 Accordingly, non-State actors are nowadays addressees of rights and obligations contained in international treaties 3 and customary law, 4 they have appeared before international courts, 5 they have promoted massive international summits that have led to the

in International organisations, non-State actors, and the formation of customary international law
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Stories about international organisations, non-State actors, and the formation of customary international law
Sufyan Droubi and Jean d’Aspremont

International lawyers relish telling stories about customary law, its contents, and its modes of ascertainment. There is hardly a question of international law that has continuously attracted as much passionate story-telling as customary international law. The present volume contributes to such scholarly self-indulgence. Yet, it does so by presupposing that there exists an approach to custom-forming that is adverse to the central role of international organisations and non-State actors and which it calls the dominant orthodoxy. According to this projected

in International organisations, non-State actors, and the formation of customary international law
Maiko Meguro

This chapter seeks to shed light on the role of non-State actors in custom-making processes. It does so by repudiating the dominant understanding of opinio juris and practice as they are found in the two-element variant of the doctrine of customary law that has informed practice and scholarship since the 1920s. It shows that dominant approaches to opinio juris and practice are indifferent to the role of non-State actors by virtue of constructions that are highly questionable. Section 1 sketches out the dominant understanding of two elements of customary

in International organisations, non-State actors, and the formation of customary international law
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Susan Park

someone or something (the WBG).3 Often this work demonstrates antagonistic relations between non-state actors such as TEANs and development practitioners, and the Bank, culminating in a moral victory for NGOs (Fox and Brown 1998; Khagram 2004; Nelson 1995; Wade 1997). Alternatively, some argue that NGOs have been co-opted by the World Bank, thus undermining the ability of NGOs to green the organisation (Goldman 2005). The book compares how the World Bank, IFC and MIGA have responded to sustainable development norms espoused by TEANs. In doing so, the book differs from

in World Bank Group interactions with environmentalists
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Identity and socialisation
Susan Park

–borrower delegation chains). As with all other P–A model analyses, this overlooks the role of ideas in shaping the identity of the IO and diminishes the role of non-state actors in doing so. Theoretically, both neoliberals and P–A model advocates allow an independent role for ideas. Yet they continue to prioritise material over ideational structures: ‘they prefer to explain International Relations as simple behavioural responses to the forces of physics that act on material objects from the outside’ (Adler 1997: 321). Neoliberals add institutions as additional variables, thus

in World Bank Group interactions with environmentalists
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Lending, investing and guaranteeing sustainable development
Susan Park

nonstate actors. I pointed to the central role that non-state actors such as transnational environmental advocacy networks (TEANs) can play in influencing IOs by challenging their actions and 3402 World Bank Group:2634Prelims 238 12/11/09 14:56 Page 238 World Bank Group interactions with environmentalists providing alternative ways of understanding the world. This demonstrates that non-state actors can shape world politics through spreading norms that change how states view IO actions, and how IOs themselves understand how they should operationalise their mandates

in World Bank Group interactions with environmentalists
Editor’s Introduction
Michaël Neuman, Fernando Espada, and Róisín Read

, A. ( 2014 ), Humanitarian Negotiations with Armed Non-State Actors: Key Lessons from Afghanistan, Sudan, Somalia , Humanitarian Policy Group, Policy Brief 55 ( London : Overseas Development Institute ). Jackson , A. and Giustozzi , A. ( 2012 ), Talking to the Other Side

Journal of Humanitarian Affairs
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Some moral aspects and variables
A. J. Coates

of force) and as a form of empowerment (by legitimizing or decriminalizing the ‘public’ use of force). How does the criterion bear upon the case of terrorism? To answer this question we first need to consider the status of non-­state actors as a whole. The role of non-­state actors in relation to the principle of legitimate authority is often misunderstood. Nicholas Fotion, for example, suggests that ‘[in] just war theory as it is classically understood . . . the legitimate authority principle seems to have no application when non-­nation groups (rebels, terrorists

in The ethics of war
Uses and Misuses of International Humanitarian Law and Humanitarian Principles
Rony Brauman

other civilian assets should be spared. In practice, however, there is only one rule: to pursue victory or various advantages. The means used to achieve that end nevertheless differ from one situation or time period to another. The fundamental point is that for political forces engaged in armed conflict, whether state or non-state actors, the threshold of what is tolerable depends on their interests. More generally, how the power treats the population will depend on how

Journal of Humanitarian Affairs