Non-state Actors and International Law

Students should be comfortable reading judgments and awards of courts and tribunals and critically thinking about the content of such texts. They also should have good legal writing ability

At the end of this course, the student should be able to identify the main categories of non-State actor in international law; be aware of some of the main problems that have arisen in the field of international investment arbitration; explain how international responsibility applies differently as between States and non-State actors; understand the mechanics of how States have come to accept non-State actors as participants in certain international law processes

The MA Course on Non-State Actors in International Law aims to raise the student’s awareness of entities which, despite their non-statal character, nevertheless interact with States at the international level, including through the exercise of legal rights and discharge of legal obligations. The course will consider the range of non-State actors, from international organizations to sub-State administrative units to non-self-governing territories to private persons. The investor–as a private natural or juridical person-will be considered in particular, with attention given to how treaties or contracts have conferred procedural and substantive rights on investors. Some of the problems that arise in investment arbitration will be considered in view of a selection of international arbitral awards. With a view to international investment law but also to human rights, criminal law, etc., it will be asked how the international legal system has addressed the seeming assymetry between legal rights and legal obligations of non-State actors