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NGO - PRIVATE ACTORS AT AN INTERNATIONAL LEVEL

Keywords: NGO , international jurisdictions , arbitration jurisdictions , private actors , motivation , regulation

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Abstract:

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-disciplinary 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.

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