There exists a range of situations where non-state actors and states can possibly share responsibility for their contribution to harmful outcomes, thereby raising a multitude of questions on the determination, content and implementation of responsibility in such a scenario. It may be tempting to...

After an empirical appraisal of the extent to which non-state actors wield some law-making powers at the international level (II), this chapter will attempt to evaluate the degree to which the alleged inadequacy of the current legal system is directly affected by our respective perceptions of...

This contribution aims to show that the dominance of formalism in treaty law is much more nuanced and qualified than the general perception sketched out in the preceding paragraph suggests. It will be argued that from its making to its termination, a treaty see-saws between formalism and...

The paper aims at appraising whether domestic courts, because of different legal and institutional constraints, construe the systemic character of the international legal order differently from international courts and international legal scholars. After recalling the extent to which...

International courts, despite the wide-ranging means that have been put at their disposal, need the cooperation of various domestic actors. The cooperation of States with international criminal tribunals has not always been without difficulty, as these tribunals have been the object of various...

The idea of the autonomy of international organizations classically reflects the political independence of the organization when it comes to making its own decisions. Autonomy as political independence essentially touches upon the multifold relationships – e.g. of control, subordination,...

This chapter zeroes in on customary international law and examines the role played by this specific source of law in the development of international investment law. After a few considerations on the early phase of development of an international investment protection regime and the search for a...