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
comments.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?