An Inclusive International Legal System

Abstract

The dominant international legal theories are based on an understanding of international law in terms of a solely state-based system. This article challenges those theories in the context of the practice of the participants in the international legal system. It proposes an inclusive conceptual approach which acknowledges that non-state actors have distinct and independent international rights, responsibilities, and abilities to bring claims, as well as clear roles in the creation, development, and enforcement of international law, which are separate to that of states. While states currently have a primary role in the international legal system, this role is not exclusive.