Beyond State Sovereignty: the international legal system and non-state participants
- Autores: Robert McCorquodale
- Localización: International Law: Revista Colombiana de derecho Internacional, ISSN 1692-8156, ISSN-e 2011-1703, Nº. 8, 2006, págs. 103-160
- Idioma: español
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Resumen
This article demonstrates how the core assumption of the dominant international legal doctrine that there is sole legal power in the sovereign state offers a very partial and biased view. It is conceptually flawed as it is based on a very limited, Eurocentric idea of the state. In addition, such a concept does not reflect the reality of international activity, where non-state actors, such as non-governmental organisations, transnational corporations and individuals, are key participants. It is evident that the international community is not limited to states. The article will show how both sovereignty and international community are not static concepts fixed to one entity or another but are relational concepts, which change over time depending on the others in the relationship. By exploring the participation of non-state actors it is evident that they have affected the enforcement of, and compliance with, international law and are part of the social embedding of international law.
