Liliana Obregón Tarazona
From the 16th century to the early 19th century, the concepts of civilized/uncivilized, which categorized and stratified peoples, nations, or States, were keys to the language of informal European imperialism. In the 16th and 17th centuries, the holistic Christian vision of law and morality was the entitlement for European expansion as Native Americans entered into the universe of European sovereignty. In the 18th century, Enlightenment thought brought forth the concept of the ‘human’ and its other, which allowed for an alternative conceptual pair to the previous Christian/non-Christian universal view. In the late 19th century, the language of civilization transitioned to formal imperialism sustained by international law. This chapter concludes that international law surged in the 19th century as a discipline constituted by the tension in defining its inner and outer limits between the civilized and the uncivilized.
Among the features of emerging decision-making structures, the participation of non-governmental organisations (NGOs) may be the least amenable to traditional models of world politics. For political leaders and scholars alike, NGOs' place and legitimacy as independent global actors remains contested. International environmental law making has presented a useful vehicle for the study of NGOs and civil society in this new global context. Along with human rights, international environmental law stands at the forefront of international law making. A relatively new area of intensive international regulation, its institutional features are thus only now being mapped out, and can reflect the evolving role of NGOs in a way that more entrenched regimes cannot. This article examines major theoretical approaches to NGO participation in international law, both generally and with specific application to international environmental law. It also considers their place in liberal theory, focusing on NGOs as stakeholders acting through international institutions and as freelancers acting through the marketplace.
The impact of peace movements on the development of international law over the course of the 19th and early 20th centuries was significant, especially in advancing norms of equality of status, and in advocating for and legitimizing international organizations. This chapter relates the impact of peace movements and other civil society actors on the development of international law beginning in the early 19th century and culminating with the creation of the United Nations in 1945. During this period, civil society actors, including peace movements, had considerable success in influencing international legal norms, the development of institutions, and the negotiation of treaties regarding arbitration, humanitarianism, and arms control. The discussion focuses on ‘Western’, and especially Anglo-American, peace activists from the Global North. Legal norms promoted by these actors included constraints on States’ rights to wage war and the requirement that States attempt to resolve conflict peacefully before using force.
Marcos A. Orellana
This article analyses the roles played by multinational corporations and civil society in the development of trade law and its ongoing evolution. It examines the notion of civil society and the changing of this notion in the context of globalization and global structures of governance. It also describes some of the NGOs actively working on trade issues. It explores the challenges of legitimacy and governance in international organizations, examining developments in human rights law and international environmental law regarding access to information and transparency. Finally, it examines developments at the WTO regarding its relations with civil society and looks at issues concerning the institutional operations of the organization, as well as transparency and participation in negotiations, capacity-building, and dispute settlement.