The status of non-state actors in international law

Abstract

The era after the Second World War saw the birth of various entities that played an important part in the conduct of international relations. However, the role of these entities was obscured by the Cold War where the sovereignty of States dominated the international arena. When the Cold War was over, these entities found a new space to manoeuvre in and their role was revealed. As time went by these entities gained more importance as their role in the international arena grew even wider. Today, one can say that the majority of international activities are conducted by non-state entities. For the conduct of such activities these entities have to be controlled and their interests protected. The legal system that is best suited to regulate and protect these entities is international law. Although international law has many imperfections, over the years it has been able to evolve according to the needs of the international arena. It can have as many subjects as needed, all with the international legal personality necessary for their raison d'être. In order for this system of law to protect these entities, they have to enjoy at least a limited amount of international legal personality. In other words, in order to enjoy rights and duties they have to be recognised as actors of this legal system. There are various non-state actors in international law such as international organisations, companies, individuals and suigeneris entities. These do not have the same amount of power in the international legal system, since this depends on the functions the entity performs. According to the amount of power the non-state actors possess, this thesis seeks to determine their status in the international legal system.