Green, Fergus; (2008) Fragmentation in Two Dimensions: The ICJ’s Flawed Approach to Non-State Actors and International Legal Personality. Melbourne Journal of International Law , 9 (1) pp. 47-77.

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Abstract

Non-state actors have a profound and growing impact on international affairs. In light of their international influence, it is unsurprising that certain types of non-state actors have also been involved in high-profile international legal disputes. Yet, despite their relevance to international law, international lawyers have struggled to integrate non-state actors into the state-centric constructs of the discipline. This article analyses the decisions of one international legal body, the ICJ, that involve non-state actors. The article discusses the arbitrary and incoherent approaches taken by the Court when confronted with legal issues which bear upon the rights and obligations of various non-state actors and analyses the implications for states of the Court’s problematic jurisprudence, arguing that international law is in a resultant state of fragmentation ratione personae. The article advances an alternative, coherent framework for addressing non-state actors which avoids the legal complications, ambiguities and lacunae caused by the current approaches and is more attuned to the realities of international life.

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