The expression 'non-state actors' has become part and parcel of the
common parlance of international lawyers. Together with the
traditional subjects of international law, such as states and
international organizations, non-state actors play an important
role in international law-making, law-adjudication and
law-enforcement processes. Although the subjects/actors discourse
takes place in a variety of contexts, most of the time the relevant
narrative merely describes how different actors participate in the
legal process in any given area. Little attention has been drawn to
the theoretical discourse about non-state actors and its relation
to the doctrine of the subjects of international law. Whether the
solution lies in 'relativizing' the subjects or rather in
'subjectivizing' the actors remains open to doubt. The constant
swing of the pendulum from the normative to the descriptive
mesmerizes the observer but hardly hides the struggle for
determining who may legitimately and authoritatively perform
legally relevant acts on the international scene.
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