International Agreements between Non-State Actors as a Source of International Law

This book explores whether international agreements between non-state actors can be identified as a source of international law using objective criteria. It adopts postmodern legal positivism as its analytical tool and applies it to agreements between petroleum agencies and corporations to illustrate an alternative way for states to manage disputes without resorting to conflict.

Format: Paperback / softback
Length: 240 pages
Publication date: 28 March 2024
Publisher: Bloomsbury Publishing PLC

This book delves into the examination of whether international agreements between non-state actors can be recognized as a source of international law through objective criteria. It raises the question of whether, in addition to Article 38 of the Statute of the International Court of Justice, there exists a systematic framework of rules, processes, beliefs, or semantics that can objectively identify these agreements as a source of international law. By departing from the traditional state-centric analysis, the book adopts postmodern legal positivism as its analytical tool, acknowledging that international law-making occurs within subjective social landscapes. To test the efficacy of this approach, the book applies it to agreements between petroleum agencies and corporations, which enable two or more states to exploit disputed resources across boundaries. Specifically, it focuses on arrangements involving China, Vietnam, and the Philippines, illustrating an alternative way for states to manage disputes without resorting to conflict.

This book will appeal to scholars and practitioners of public international law, as well as civil servants, as it offers valuable insights into the evolving nature of international relations and the role of non-state actors in shaping the global legal landscape.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509951147