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55 Colum. J. Transnat'l L. 343 (2016-2017)
Beyond States and Non-State Actors: The Role of State-Empowered Entities in the Making and Shaping of International Law

handle is hein.journals/cjtl55 and id is 346 raw text is: 

   Beyond States and Non-State Actors: The
   Role of State-Empowered Entities in the
   Making and Shaping of International Law

                     SANDESH SIVAKUMARAN*

       Traditionally, the actors in the international legal sys-
       tem are divided into States and non-state actors; and
       States are considered to be the ones that make and
       shape international law. By contrast, this Article ar-
       gues that there is a third category of actors, namely
       state-empowered entities, which have been empow-
       ered by States to make and shape international law.
       These entities are not States, but due to their empow-
       erment by States, they are also not non-state actors.
       Accordingly, they constitute a category in and of
       themselves. Entities of this type include the Interna-
       tional Law Commission, the United Nations Human
       Rights Committee, and the International Committee of
       the Red Cross. The making and shaping of interna-
       tional law includes the interpretation, application, and
       development of the law. States continue to play a role
       in the making and shaping of international law, for
       example, through establishing the mandate of the
       state-empowered entity, feeding their views into the
       work product of the entity, and assessing the final out-
       put of the entity. However, in practice, States rarely
       engage with the work-product of state-empowered en-
       tities and, in failing so to engage, have ceded some of
       their influence in lawmaking. This silence on the part
       of States has been treated as acquiescence to the
       work-product of state-empowered entities and the gap

    * Professor of Public International Law, University of Nottingham. I am grateful to
Professors Mary Footer, Franqoise Hampson, Marko Milanovid, Anthea Roberts, Sangeeta
Shah, Antonios Tzanakopoulos, and Fuad Zarbiyev for comments on earlier drafts of this
Article. I am also grateful to the Editors of the Columbia Journal of Transnational Law for
their work on this Article, in particular, to Kate Saba and Anjli Parrin for their helpful

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