Weblectures Public International law
Week 1:
Globalisation and multinational enterprises 1 (non-state actors)
- Notion of globalization and its consequences on the role of non-state
actors
- The notion and variety of non-state actors
- The notion of MNCs (multination companies)
- Attempts at regulation MNCs conduct
Globalization
Entails four distinct types of changes:
1. Stretching of social, political, and economic activities across
political frontiers, regions and continents.
a. multinational companies, corporations are able to
internationalize their supply chains and offshore
manufacturing.
So, they can have production sites in Bangladesh or in Thailand,
while the headquarters is in The Netherlands.
2. Intensifying our dependence on each other, as flows of trade,
investment, finance, migration and culture increase
a. An interdependence that we have on each other and that
depends very much on the flows of trade, investment, finance,
migration, culture.
You can think about the financial crisis that we had in
2008/2009. We are still feeling the consequences of it to a
certain extent. This financial crisis started in the US with the
mortgage loans but then it has extended to all financial markets
of the world, which led to a very deep recession that touched a
lot of countries simultaneously, including triggering the euro
crisis.
3. Globalization also affects new systems of transport and
communication meaning that ideas, goods, information, capital
and people move more quickly
a. You can order something on Amazon, and it is delivered to
your house in a few days. Internet revolutionized
communication. We’re using Zoom to set up meeting across
continents. This has significant impacts on our lives.
4. Distant events have a deeper impact on our lives. Even the most
local developments may come to have enormous global
consequences.
a. So even the most localized developments have huge global
consequences. Think about climate change, we’re going to be
engaging with climate change quite extensively where CO2
emissions in Europe are causing global warming in other parts
of the world. You can also think about the coronavirus
pandemic. That was also something that started locally that
has extended very quickly, globally and at the same level.
,The benefits and Challenges of Globalization
Globalization poses conceptual challenges to the discipline of international
law.
It has, for example, a dynamic impact on the further development of
the role of non-state actors in shaping politics and law.
The supply chain: your smartphone was designed and built in
many different countries by an internationalized supply chain
system.
o This demonstrates the risk of globalization due to the complex
supply chain production is involved in. Think of it from the
perspective of a consumer in the Netherlands. How do you
ensure that the production of that specific phone has not
determined environmental degradations in other parts of the
world?
How can we make sure that the production processes within such a
complex supply chain is capable of keeping in check or keeping
multinational companies to account for their conduct across the supply
chain?
Based specifically on the economic power that they have accrued, and
thus economic power inevitably translates into political and social
influence and social influence translates on into an ability of shaping
the law of shaping regulatory setup
Dus
Globalization impacts inevitably also the further development of the role of
non-state actors in shaping politics and law.
Non-state actors in International Law
There is a changing structure of international law, new actors that are
different from non-state actors have taken the stage. Some of the actors
are in fact considered subjects of international law and thus capable of
possessing international legal personalities.
The main subject of international law are states.
However, non-state actors also play important roles and enjoy
direct rights and obligations under international law. They are
thus argued to be no longer just objects of international law,
meaning that they were mere beneficiaries of rights and only
indirectly regulated by international law. Such non-state actors
are, for example:
o International organizations (such as the U.N.)
o Individuals
o NGO’s (nongovernmental organizations)
o Multinational Corporations etc.
Note: Klabber: There are no formal criteria in international law to
determine the status ‘subject of international law’. Whether these
actors are actually subjects of international law is an open
question. According to Clavius whether an entity enjoys rights
and obligations under international law also determines whether
it is subject to international law. This means that subjects are
, subject to international law is a relative notion and the precise
content of its legal personality may differ from subject to subject
and even between subjects of the same category.
o So international organizations are subject to international
law, but they have very different rights and obligations than
the ones that states have. Same goes for individuals and
corporations.
‘International legal personality’
The status that enables an entity to function in a certain legal order.
Globalization itself has led to an opening up of the concept of international
law. Today many scholars argue that the role of non-state actors in
international law is captured better in terms of being a subject of
international law as opposed to being a mere object of international law
only indirectly regulated by international law.
Questions arose whether the U.N. was a subject of international law
The General Assembly submitted this question to the International
Court of Justice for an advisory opinion on the statutes and capacity of
the UN.
The ICJ concluded that the UN is indeed the subject of international
law, very much capable of possessing international rights and duties
and has the capacity of maintaining its rights by bringing an
international case.
What about other non-state actors such as individuals/NGO’s/…?
Following the human rights movement, we know that these
individuals possess rights and obligations.
o These developments lead to the conclusion that individuals today
have acquired a legally relevant position in international law.
Internationally, they have been granted rights and they have
been subject to obligations which have corresponding procedural
mechanisms.
NGO’s (nongovernmental organizations) play a very important role in
international law. They carry out many activities that are of
relevance. For example they participate in international decision
making processes, they advocate at new international policies, they
promote new changes into the international legal system, they
intervene in discussions, negotiations, drafting of international
treaties and we also have the example of a treaty called CITES
(treaty that protects species that are under threat of extinction,
where NGOs conceded parties to the treaty itself).
It is also possible for multinational corporations to bring claims
against states. And this is the case in the regime of international
investment law.
Practice Question:
International law is changing because the world is changing as a result of
globalisation. Over the past decades, international law is said to have evolved
with
, respect to matters, such as the sources of international law as well as actors
involved in international law. Elaborate what has changed specifically regarding
the
actors involved.
Potential answer to practice question:
In the traditional understanding of international law, states are considered the
primary and sole actors of international law. They alone possess international
legal personality and international rights and responsibilities. However,
increasingly, non-state actors – traditionally understood as only objects of
international law - are also being recognised as actors in international law, albeit
without the exact same set of rights and obligations as states. The main
examples in this regard are international organizations, such as the UN, which are
now regarded as having international legal personality. Other non-state actors
such as NGOs and individuals also increasingly play a role in international law.
Individuals are now possessing certain rights (e.g. human rights) and obligations
(international criminal responsibility). Similarly, corporations can under
international investment agreements bring claims against states for a violation of
their rights.
Globalisation and multinational enterprises 2 (non-state actors)
Multinational Corporations (MNCs): are beneficiaries and agents of
globalization. They are benefiting from globalization because they are able
to find supplies, activities and operations and they can place them in the
most costing location.
- They usually comprise companies of different entities established in
more than one country and so linked that they may coordinate their
operations in various ways. Their degree of autonomy within the
enterprise may vary widely from one multinational to another.
Different types of company segments of an MNC
Week 1:
Globalisation and multinational enterprises 1 (non-state actors)
- Notion of globalization and its consequences on the role of non-state
actors
- The notion and variety of non-state actors
- The notion of MNCs (multination companies)
- Attempts at regulation MNCs conduct
Globalization
Entails four distinct types of changes:
1. Stretching of social, political, and economic activities across
political frontiers, regions and continents.
a. multinational companies, corporations are able to
internationalize their supply chains and offshore
manufacturing.
So, they can have production sites in Bangladesh or in Thailand,
while the headquarters is in The Netherlands.
2. Intensifying our dependence on each other, as flows of trade,
investment, finance, migration and culture increase
a. An interdependence that we have on each other and that
depends very much on the flows of trade, investment, finance,
migration, culture.
You can think about the financial crisis that we had in
2008/2009. We are still feeling the consequences of it to a
certain extent. This financial crisis started in the US with the
mortgage loans but then it has extended to all financial markets
of the world, which led to a very deep recession that touched a
lot of countries simultaneously, including triggering the euro
crisis.
3. Globalization also affects new systems of transport and
communication meaning that ideas, goods, information, capital
and people move more quickly
a. You can order something on Amazon, and it is delivered to
your house in a few days. Internet revolutionized
communication. We’re using Zoom to set up meeting across
continents. This has significant impacts on our lives.
4. Distant events have a deeper impact on our lives. Even the most
local developments may come to have enormous global
consequences.
a. So even the most localized developments have huge global
consequences. Think about climate change, we’re going to be
engaging with climate change quite extensively where CO2
emissions in Europe are causing global warming in other parts
of the world. You can also think about the coronavirus
pandemic. That was also something that started locally that
has extended very quickly, globally and at the same level.
,The benefits and Challenges of Globalization
Globalization poses conceptual challenges to the discipline of international
law.
It has, for example, a dynamic impact on the further development of
the role of non-state actors in shaping politics and law.
The supply chain: your smartphone was designed and built in
many different countries by an internationalized supply chain
system.
o This demonstrates the risk of globalization due to the complex
supply chain production is involved in. Think of it from the
perspective of a consumer in the Netherlands. How do you
ensure that the production of that specific phone has not
determined environmental degradations in other parts of the
world?
How can we make sure that the production processes within such a
complex supply chain is capable of keeping in check or keeping
multinational companies to account for their conduct across the supply
chain?
Based specifically on the economic power that they have accrued, and
thus economic power inevitably translates into political and social
influence and social influence translates on into an ability of shaping
the law of shaping regulatory setup
Dus
Globalization impacts inevitably also the further development of the role of
non-state actors in shaping politics and law.
Non-state actors in International Law
There is a changing structure of international law, new actors that are
different from non-state actors have taken the stage. Some of the actors
are in fact considered subjects of international law and thus capable of
possessing international legal personalities.
The main subject of international law are states.
However, non-state actors also play important roles and enjoy
direct rights and obligations under international law. They are
thus argued to be no longer just objects of international law,
meaning that they were mere beneficiaries of rights and only
indirectly regulated by international law. Such non-state actors
are, for example:
o International organizations (such as the U.N.)
o Individuals
o NGO’s (nongovernmental organizations)
o Multinational Corporations etc.
Note: Klabber: There are no formal criteria in international law to
determine the status ‘subject of international law’. Whether these
actors are actually subjects of international law is an open
question. According to Clavius whether an entity enjoys rights
and obligations under international law also determines whether
it is subject to international law. This means that subjects are
, subject to international law is a relative notion and the precise
content of its legal personality may differ from subject to subject
and even between subjects of the same category.
o So international organizations are subject to international
law, but they have very different rights and obligations than
the ones that states have. Same goes for individuals and
corporations.
‘International legal personality’
The status that enables an entity to function in a certain legal order.
Globalization itself has led to an opening up of the concept of international
law. Today many scholars argue that the role of non-state actors in
international law is captured better in terms of being a subject of
international law as opposed to being a mere object of international law
only indirectly regulated by international law.
Questions arose whether the U.N. was a subject of international law
The General Assembly submitted this question to the International
Court of Justice for an advisory opinion on the statutes and capacity of
the UN.
The ICJ concluded that the UN is indeed the subject of international
law, very much capable of possessing international rights and duties
and has the capacity of maintaining its rights by bringing an
international case.
What about other non-state actors such as individuals/NGO’s/…?
Following the human rights movement, we know that these
individuals possess rights and obligations.
o These developments lead to the conclusion that individuals today
have acquired a legally relevant position in international law.
Internationally, they have been granted rights and they have
been subject to obligations which have corresponding procedural
mechanisms.
NGO’s (nongovernmental organizations) play a very important role in
international law. They carry out many activities that are of
relevance. For example they participate in international decision
making processes, they advocate at new international policies, they
promote new changes into the international legal system, they
intervene in discussions, negotiations, drafting of international
treaties and we also have the example of a treaty called CITES
(treaty that protects species that are under threat of extinction,
where NGOs conceded parties to the treaty itself).
It is also possible for multinational corporations to bring claims
against states. And this is the case in the regime of international
investment law.
Practice Question:
International law is changing because the world is changing as a result of
globalisation. Over the past decades, international law is said to have evolved
with
, respect to matters, such as the sources of international law as well as actors
involved in international law. Elaborate what has changed specifically regarding
the
actors involved.
Potential answer to practice question:
In the traditional understanding of international law, states are considered the
primary and sole actors of international law. They alone possess international
legal personality and international rights and responsibilities. However,
increasingly, non-state actors – traditionally understood as only objects of
international law - are also being recognised as actors in international law, albeit
without the exact same set of rights and obligations as states. The main
examples in this regard are international organizations, such as the UN, which are
now regarded as having international legal personality. Other non-state actors
such as NGOs and individuals also increasingly play a role in international law.
Individuals are now possessing certain rights (e.g. human rights) and obligations
(international criminal responsibility). Similarly, corporations can under
international investment agreements bring claims against states for a violation of
their rights.
Globalisation and multinational enterprises 2 (non-state actors)
Multinational Corporations (MNCs): are beneficiaries and agents of
globalization. They are benefiting from globalization because they are able
to find supplies, activities and operations and they can place them in the
most costing location.
- They usually comprise companies of different entities established in
more than one country and so linked that they may coordinate their
operations in various ways. Their degree of autonomy within the
enterprise may vary widely from one multinational to another.
Different types of company segments of an MNC
