Non-State Actors from the Perspective of the International Law Commission
Participants in the International Legal System: Multiple Perspectives on Non-State Actors in International Law, pp. 165-178, Jean D'Aspremont, ed., Routledge, 2011
9 Pages Posted: 19 Feb 2013 Last revised: 6 Mar 2013
Date Written: 2011
While it is difficult, if not impossible, properly to evaluate the extent to which the goals or purposes for which the International Law Commission (Commission or ILC) has been established impinge on its understanding of the role and status of non-state actors, this article tries to provide an overview of the extent to which this international body has addressed non-state actors in its work. To that aim, first, the role and mission of the ILC is exposed. In turn, the focus shifts on the understanding of the role and status of non-state actors by the Commission. The work of the ILC relating to non-state actors is separated in three distinct categories, which largely reflect the emancipation of non-state actors from partakers in the international legal system whose conduct could be attributed and give rise to state responsibility to participants on their own right with ensuing rights and obligations. Finally, some concluding remarks are given on the work of the ILC and the growing need to address certain problems arising in the course of its activity of codification and progressive development of international law.
Keywords: International Law Commission, non-state actors, rights and obligations, codification and progressive development of international law
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