The Role of Non-State Actors in Challenging the Existing Rules of International Law

Authors

DOI:

https://doi.org/10.61838/jecjl.579

Keywords:

International Law, Non-State Actors, Global Governance, Soft Law, International Responsibility, Transnationalism

Abstract

The transformations resulting from globalization, the expansion of transnational communications, and the increasing interdependence among societies have fundamentally altered the traditional state-centered structure of international law. In this context, non-state actors, including non-governmental organizations, multinational corporations, armed groups, civil society networks, and other transnational actors, have gradually become influential participants in international legal and political processes. This study, adopting a descriptive-analytical approach, examines the role of non-state actors in challenging the existing rules of international law and addresses the question of how these actors have influenced norm-making, implementation of international rules, international monitoring mechanisms, and the transformation of traditional concepts of international law. The findings indicate that although non-state actors do not possess full international legal personality comparable to states, they have nevertheless influenced the traditional structure of international law through participation in norm-creation processes, shaping global public opinion, monitoring human rights implementation, producing soft law, and contributing to global governance. Furthermore, the emergence of armed non-state actors and transnational networks has created new challenges concerning international responsibility, attribution of conduct, international security, and the principle of state sovereignty. The study concludes that contemporary international law is gradually moving from a purely state-centered order toward a multi-actor system in which non-state actors increasingly participate in shaping and transforming international legal rules.

Downloads

Download data is not yet available.

References

Alston, P. (2002). The Legalization of Non-State Actor Obligations.

Bigzadeh, E. (2012). Non-Governmental Organizations and International Law.

Cassese, A. (2011). International Law.

Charnovitz, S. (1997). Two Centuries of Participation: NGOs and International Governance.

Clapham, A. (2006). Human Rights Obligations of Non-State Actors.

Corell, E., & Betsill, M. (2001). NGO Influence in International Environmental Negotiations.

Domingo, R. (2010). The New Global Law.

Farrior, S. (1998). Human Rights Advocacy and Non-State Actors.

Flohr, A. (2013). The Role of Non-State Actors in Global Governance.

Golshan Pazhooh, M. (2011). Guide to Non-Governmental Organizations (NGOs).

Golshan Pazhooh, M. (2012). International Human Rights NGOs and Human Rights Violations in Western Countries.

Hakimi, M. (2015). Defensive Force against Non-State Actors: The State of Play.

Hassan, O. (2016). Non-State Actors in International Relations.

Herr, R. (2013). Non-State Actors and International Relations.

Keohane, R., & Nye, J. (1973). Transnational Relations and World Politics.

Mohan, M. (2008). Attribution and Non-State Actors in International Law.

Mousazadeh, R. (2015). International Organizations.

Nowrot, K. (2004). Legal Consequences of Global Governance and Non-State Actors.

Qaderi, M. (2008). Globalization and Transformation of International Law.

Qasemi, G. (2013). International Law of Non-Governmental Organizations.

Saeidi, M. (2010). Introduction to Public Participation and Non-Governmental Organizations.

Santiago, A. (2002). State Responsibility and Attribution of Conduct.

Wapner, P. (1995). Politics Beyond the State: Environmental Activism and World Civic Politics.

Zamani, S. G. (2014). Non-State Actors and International Law.

Zamani, S. G., & Ziaei, M. (2010). Legal Status of Non-State Actors in International Law.

Downloads

Publication Timeline

Published
Submitted
Revised
Accepted

Issue

Section

مقالات

How to Cite

Abdi, F., Rouhi, E. ., & Amjadian, F. . (1402). The Role of Non-State Actors in Challenging the Existing Rules of International Law. The Encyclopedia of Comparative Jurisprudence and Law, 1(1), 265-281. https://doi.org/10.61838/jecjl.579