NGO private actors at an international level

Author:Marian Mihaila
Position:Professor, PhD, Eftimie Murgu Univeristy Resita
156 Lex ET Scientia. Juridical Series
Marian MIH;IL;
International law, taken by globalization, helps emerge “private actors at an international
level” by generating “a removal from territories of problems and solutions”. The question of
NGO accessing international jurisdictions is situated at this intersection, which is a dangerous
one for jurists. The ways of national laws intersect, in fact, with those of international law. More
over, private international law, more specifically, the private judicial nature of NGOs that enter
into contact with public international law, an intersection that will imprint a plural-disciplin ary
character that marks this study. Thus, we must follow this rocky road and try a private approach
of a question disputed by public law, which is also a part of international law. The risks of
maladroitness are numerous, but must be assumed according to their importance and of the rarity
of clarification attempts. NGOs, legal persons from private law exercising their activities in
international context contain, in fact, elements of foreign origin that result in specific problems of
international law. And if “international law can not be the domain of perfect solutions” it can
allow however the adoption of others which, that can seem less perfect to some, will possess the
aptitude of “creating the laws of a state”. Thus, only by allying public international law to private
law, the question of NGOs access to international jurisdictions can receive an answer.
Keywords: NGO, international jurisdictions, arbitration jurisdictions, private actors,
motivation, regulation.
The paradox surrounding NGOs hasn’t erased them definitively from international justice,
these have proven a will already ancient, always more powerful, to access international
jurisdictions by trying to bypass their absence as international legal persons. The idea of will
doesn’t have to be taking as a consented act1 , but as being relevant to the impulse offered by the
NGO. The will of NGO doesn’t have to, in any case, limit to hypotheses or to member states by
offering access to an international jurisdiction.
• The access of Non Governmental Organismizations to international jurisdictions
NGOs want to be actors of the international life, to become actors of international justice.
They desire to be included in “the cycle of international judicial actors”2. This will to accede an
Professor, PhD, Eftimie Murgu Univeristy Resita, (email: prorector
1 COHEN-JONATHAN (G.) and FLAUSS (J.-F.), The European Convention on human rights and member
states will, in The role of will in judicial act. Studies in the memory of prof. Alfred Rieg, Bruylant, Bruxelles, 2000,
page s 161-186.
2 RANJEVA (R.), Les ONG et la mise en oeuvre du droit international, RCADI 1997, vol. 270, page s 91

To continue reading

Request your trial