Standing of Non-state Entities in International Law

While states are generally recognised as full participants in international law, it is essential to recognise that other entities may have standing, but to a limited extent and for specific purposes, depending on the context and the tribunal involved.

In international law, states are the primary subjects and have the capacity to enter into treaties, engage in diplomatic relations, and assert rights and obligations. They possess inherent sovereignty and are generally considered equal under international law.

However, certain non-state entities can also have standing in international law in certain circumstances. These entities may include intergovernmental organisations (IGOs), non-governmental organisations (NGOs), international corporations, individuals, and even sub-state entities such as autonomous regions or liberation movements.

The standing of these non-state entities varies depending on the specific legal framework or tribunal in question. For example:

Intergovernmental organisations (IGOs): IGOs such as the United Nations (UN), International Monetary Fund (IMF), or World Trade Organization (WTO) have standing and participate in international law through their member states. They are granted specific roles and responsibilities within their respective mandates.

Non-governmental organisations (NGOs): NGOs often engage in advocacy and play a role in shaping international law. While they do not have the same standing as states, they can contribute to the development of customary international law, participate in treaty negotiations, and provide expertise and opinions to international bodies.

Individuals: Individuals can have standing in certain international legal proceedings, such as before international criminal tribunals like the International Criminal Court (ICC) or in human rights mechanisms. These individuals may be victims, witnesses, or accused persons who are granted certain rights and protections.

Sub-state entities: Some sub-state entities, such as autonomous regions or liberation movements, may have limited standing in specific situations, such as participating in peace negotiations or engaging in diplomatic dialogue. However, their standing is often subject to the recognition and consent of the relevant states and is not universally accepted.

The standing and participation of these entities in international law are subject to specific legal frameworks, treaties, or agreements. Their role and influence may vary depending on the context and the specific tribunal or institution involved.