Melissa Loja on International Agreements between Nonstate Actors as a Source of International Law (ASIL Proceedings)

"International Agreements between Nonstate Actors as a Source of International Law"

Melissa Loja
2018, Vol 112, pp 151-5
Proceedings of the 112th Annual Meeting of The American Society of International Law

Abstract: International issues that are resolved traditionally through agreements between states are managed currently through agreements between government agencies and corporate entities. Government agencies1 and corporate entities are nonstate actors that have no formal capacity to engage in international lawmaking. Are their international agreements a source of international law? 

     The question is addressed in a case study of petroleum agencies and corporations in ninety-eight countries. These agencies and corporations are authorized to conclude agreements to settle disputes over petroleum resources that are shared by states across maritime zones and boundaries (shared resources). Their agreements are subjected to linguistic and procedural criteria for purposes of identification as a source of international legal rules on shared resources. The present paper summarizes some of the data and findings in the case study.  To listen to the presentation, click here.