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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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The Fight for Inclusion: Non-State Actors and International Law

The Fight for Inclusion: Non-State Actors and International Law

Chapter:
(p.39) The Fight for Inclusion: Non-State Actors and International Law
Source:
From Bilateralism to Community Interest
Author(s):

Andrea Bianchi

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0006

This chapter argues that the debate on non-State actors mirrors the difficulties that international law is currently facing in terms of redefining the boundaries of its own discipline. The traditional view, which hinges on the doctrine of subjects and on its flexible reading provided by the ICJ in the Reparation for Injuries case, lays claim to be able to accommodate all necessary adjustments by granting relative personality to additional entities, if the need arises. Yet a widespread sentiment exists, among international lawyers, that the traditional subjects doctrine is no longer able to provide a satisfactory account of the social realities underlying international law. Hence, the need to rethink afresh the fundamental tenets of international law theory, including the doctrine of subjects. Alternative theoretical frameworks have been put forward, but so far they have failed to impose themselves as accepted terms of reference in international legal scholarship. Meanwhile, the discourse about non-State actors continues to be carried out in a myriad of different contexts.

Keywords:   non-state actors, international law, International Court of Justice, Reparation of Injuries, doctrine of subjects

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