2 Participants in International Law-Making

The traditional statement of the sources of international law, the Statute of the International Court of Justice (ICJ), Article 38 (1) assumes states to be the primary actors in international law-making and gives no indication of the ways in which non-state entities impact upon this function. Although states enter into binding agreements with non-state entities, treaties are defined as legal agreements between states,1 or between states and international organisations or international organisations inter se;2 state practice and opinio juris are the constitutive...