Non-State Actors in International Law: A Case Study

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I.  A Summary Overview of the Role of Non-State Actors

Within the current system of international environmental law, the role of non-governmental organizations (NGO's) has increasingly become more and more crucial.  In today's realm of international law, we find that more and more NGO's are taking it upon themselves to advocate changes within the global community.  The strongest weapon in the NGO arsenal is that of public opinion and political influence.   Armed with these and a few more tactics the NGO's have witnessed their ascension in the world of international politics and policy making.  

The main role that the NGO's serve in today's system of international law is that of networking between the various NGO's, the various states and also between the concerned public.  The NGO's capacity to build networks, gather and analyze technical information, and their ability to gain the attention[1] of policymaker's through these means, has procured for them a more crucial role in the international policy making game.  This ability to access not only the policy makers but the information and the public as well has granted the NGO's the key role in the world of international policymaking and law.  Philip Shabecoff, former New York Times environmental writer, in his book, best described this phenomenon:

What is undeniable . . . is that environmentalists, far more than any other nongovernmental community except, perhaps, human rights activists, have forced their way into the previously closed rooms of international diplomacy.  Even if their policies are not adopted, they are there, placing their position papers on the table and speaking out, not just in the corridors but in the once sacrosanct plenary halls and in the small, out-of-the-way chambers where deals are hammered out in secret.[2]

Aside from providing the medium through which environmental issues can be voiced through, NGO's also serve in the background of international law by providing important analytical support for government officials and policymakers.[3] This support includes anything from conducting and analyzing research into the issue to helping develop and implement the policy that is in question.  As of recently, the participation of NGO's has grown to include direct participation in international negotiations as part of official delegations.[4]  This direct participation of NGO's in the process of policy development and implementation is a strong example as to the power and influence held by non-governmental organizations in today's system of international law.

II.  International Program of a Non-State Actor: A Case Study

In order to illustrate the role non-state actors play in international law, we have chosen to take a look at The Greenpeace Organization. As a global organization, Greenpeace focuses on the most crucial worldwide threats to our planet's biodiversity and environment.   Greenpeace is a non-profit organisation, with a presence in 40 countries across Europe, the Americas, Asia and the Pacific.[5]   In order to maintain its independence, Greenpeace does not accept donations from governments or corporations, funding depends on contributions from individual supporters and foundation grants.[6]   This ensures that the agenda of the organization maintains focused on the preservation of the environment.  Greenpeace is an active participant in the campaign to stop ozone depletion and has been an avid supporter of the Montreal Protocol. 

The Greenpeace Organization is involved in many campaigns to protect the environment which includes efforts to: stop climate change, protect ancient forests, save the oceans, stop whaling, say no to genetic engineering, stop the nuclear threat, eliminate toxic chemicals, encourage sustainable trade.[7]  In addition, Greenpeace exists to expose environmental criminals, and to challenge government and corporations when they fail to live up to their mandate to safeguard our environment and our future.[8]  The Greenpeace Organization uses research, lobbying, and quiet diplomacy to pursue their goals, as well as high-profile, non-violent conflict to raise the level and quality of public debate.   This organization plays a crucial role in the protection of the environment;   it is a voice of solidarity that speaks for the environment. Greenpeace represents millions of people worldwide who want to stand up for the environment; the organization feels an obligation to its supporters to do what is necessary to save the environment.  For this reason Greenpeace actively criticizes governments and multinational corporations for their exploitation of the environment and campaigns for the environment.

Currently, Greenpeace is campaigning worldwide for a global ban on the production and use of ozone depleting substances.  The organization believes that this measure must be taken to preserve the health and environment of present and future generations of life.   The campaign is based on the following interconnected components: scientific information, technological development corporate campaigning, international campaigning, campaigns to industrialized countries, public empowerment.[9]  The organization has been successful in finding alternative substances to ozone depleting chemicals that are cost efficient as well as environmentally safe.

III.   International Participation: Extent and Impacts

(A) Extent:The Greenpeace Organization is extensively involved in the affairs of the Montreal Protocol Regime.  The campaign closely monitors regulatory and economic developments regarding control of ODSs within the regime, the World Bank, the Multilateral Fund, the European Commission, and national governments.[10]  Representatives of the Greenpeace Organization regularly attend all conferences of the Parties as well as any other relative meeting.  In addition, representatives of Greenpeace engage in letter writing campaigns as well as attend meetings with corporate representatives and shareholders of multinational chemical corporations who produce ozone depleting substances.  Greenpeace urges corporations to stop profiting from ozone destruction and global warming.[11] 

The Greenpeace Organization boasts observer and intervening status at the Montreal Protocol’s Multilateral Fund and World Bank Meetings.[12]  The Organization applies pressure to national governments and multinational corporations for effective national measures to ban ODSs.  This pressure is exerted through direct action in partnership with other parties and through public campaigns.    Greenpeace empowers the public with scientific and technological information, which urges the public to demand measures to protect the ozone layer from their governments and industry.[13]  Since Greenpeace is funded strictly through donations and grants its campaigns are not committed to other interests other than the environment which has proved quite effective.

(B) Impact: One of the biggest impacts that NGO's can have on the system of international law is that of providing a  means through which people can communicate and address the issues at hand.  In this sense Greenpeace International has been very effective in networking its 26 national organizations which include more than 3.3 million members.  Umbrella organizations such as this have provided for the growing influence of smaller grassroots organizations in today's global decision making process.  

Along with providing a platform for its members to get involved in the policymaking process, Greenpeace has also been able to address the issue directly at several international conferences on the issue of ozone depletion (i.e.: the Greenpeace International: 8th meeting of the parties to the Montreal Protocol, at which John Maté addressed those involved in the Montreal Protocol).   The scientific evidence presented by Maté's speech helped solidify and legitimize his argument.  

IV.  Endnotes

Last Revised
May 22, 2007

Copyright © Eduardo Aguilar 2003. All federal and state copyrights reserved for all original material presented in this course through any medium, including lecture or print.