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International organisations, non-State actors, and the formation of customary international law$
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Sufyan Droubi and Jean d'Aspremont

Print publication date: 2020

Print ISBN-13: 9781526134158

Published to Manchester Scholarship Online: September 2021

DOI: 10.7765/9781526134165

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PRINTED FROM MANCHESTER SCHOLARSHIP ONLINE (www.manchester.universitypressscholarship.com). (c) Copyright Manchester University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in MSO for personal use.date: 30 June 2022

Adjudicators, guardians, and enforcers: taking the role of non-governmental organisations in customary international lawmaking seriously

Adjudicators, guardians, and enforcers: taking the role of non-governmental organisations in customary international lawmaking seriously

Chapter:
(p.404) Chapter 19 Adjudicators, guardians, and enforcers: taking the role of non-governmental organisations in customary international lawmaking seriously
Source:
International organisations, non-State actors, and the formation of customary international law
Author(s):

Valentina Azarova

Publisher:
Manchester University Press
DOI:10.7765/9781526134165.00027

The chapter offers a constructivist account of the burgeoning roles non-governmental organisations have assumed in the making of customary international law. While most of these roles are informal, and their influence on the content and interpretation of customary international law norms has been primarily indirect, non-governmental organisations do contribute to the formation of customary international law through an increasingly diverse set of activities. Non-governmental organisation 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 acknowledgement of the increasing involvement of non-governmental organisations in global governance by scholars and practitioners, their role in customary international lawmaking remains under-appreciated. To understand the increased influence of non-governmental organisations on the identification, formation, and application of customary international law rules, the chapter offers a differentiated, effects-based account of non-governmental organisation participation in customary international lawmaking.

Keywords:   Non-governmental organisations, Customary international law, Norm entrepreneurship, Norm propagation, Mobilisation of law, Technical frames, Informal lawmaking, Constructivism

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