Non-State Actors

Abstract

The dynamic complexity of the different involvement of non-state actors in norm creation becomes clear if we investigate the relationship between connected rights and obligations in terms of hard and soft as Davarneyad and Muchlinski did. According to Cedric Ryngaert, it is at the same time 'premature and probably undesirable to lay down general principles' for the involvement of non-state actors in law-making processes and procedures, notwithstanding the normative desirability of non-state actor involvement. Only if we perceive international law and international law-making from the perspective of non-state actors can that legal system be understood and explained as a 'transnational' one or as 'a process of decision-making'. Moreover, it can be said that non-state actors are not necessarily either law-takers or law-makers; like states, non-state actors, in particular multinational companies could be both. Since non-state actors 'promote particular interests' they 'might therefore be biased and their contribution should primarily be regarded as policymaking and not as law' argues Leyla Davarnejad.