Adjudicators, Guardians, and Enforcers: Taking the Role of Non-Governmental Organisations in Customary International Law-Making Seriously

Jean d'Aspremont and Sufyan Droubi (eds), Non-State Actors and the Formation of Customary International Law (Manchester University Press, 2018, Forthcoming)

27 Pages Posted: 9 Mar 2018

See all articles by Valentina Azarova

Valentina Azarova

Manchester International Law Centre (MILC), Manchester University Law School

Date Written: December 1, 2017

Abstract

The chapter offers a constructivist account of the proliferating roles of non-governmental organisations (NGO) in the making of customary international law (CIL). While these roles are largely informal, and NGO influence on the content and interpretation of CIL norms is primarily indirect, NGOs contribute to the formation of CIL through an increasingly diverse set of activities, which has been particularly influential when implemented in a strategic and concerted manner. NGO documentation, litigation, lobbying, and other forms of advocacy have contributed to treaty-making and -ratification; to the domestication and internalisation of international norms and processes, including domestic accountability and remedies; and to codifying the obligations of, and stimulating practice by non-state actors such as business and armed groups. Despite a broad acknowledgment of the increasing involvement of NGOs in global governance by scholars and practitioners, their role in CIL-making remains under-appreciated. To understand the increased influence of NGOs on the identification, formation, and application of customary international law rules, the chapter offers a differentiated, effects-based account of NGO participation in CIL-making.

Keywords: Non-Governmental Organisations, Customary International Law, Norm Entrepreneurship, Norm Propagation, Mobilisation of Law, Technical Frames, Informal Law-Making, Constructivism

Suggested Citation

Azarova, Valentina, Adjudicators, Guardians, and Enforcers: Taking the Role of Non-Governmental Organisations in Customary International Law-Making Seriously (December 1, 2017). Jean d'Aspremont and Sufyan Droubi (eds), Non-State Actors and the Formation of Customary International Law (Manchester University Press, 2018, Forthcoming). Available at SSRN: https://ssrn.com/abstract=3133953 or http://dx.doi.org/10.2139/ssrn.3133953

Valentina Azarova (Contact Author)

Manchester International Law Centre (MILC), Manchester University Law School ( email )

Oxford Road
Manchester, M13 9PL
United Kingdom

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