Master'sOpen Access

The role of non-governmental organizations in international law

2022
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Advisor: Prof. Dr. Cüneyt Yüksel

Abstract (EN)

This thesis examines the fleetly adding influence of non-governmental associations (NGOs) in the transnational system and their participation in transnational law timber. NGO is an unformed term that includes colorful conformations established by private action as opposed to state or state-suchlike bodies. The thesis begins by examining the emergence of similar special groups from the late 18th century in transnational law- making forums, a space traditionally limited only to autonomous countries. The emergence of globalization has increased the capability of private associations to fight collective enterprises with state governance in international networks. Although the capability of countries to fete the public legal personality of NGOs is defended by some list and non-binding transnational legal documents, proffers to legitimize NGO exertion in the first half of the 20th century for NGOs to have an transnational legal personality failed. Presently, NGOs have no transnational legal personality, with the exception of only the International Committee of the Red Cross, and are doubtful to win it in the near future. Still, NGOs are decreasingly interacting with countries, intergovernmental associations and judicial bodies. The thesis attempts to identify the part played by NGOs, taking into account named exemplifications after the Second World War, in which NGOs successfully shared in state- grounded accommodations. In addition, the thesis examines the institutional mechanisms of several intergovernmental associations, indigenous associations and transnational judicial bodies, and the practices of several public courts dealing with transnational law issues. These frequently indicate that transnational government associations and judicial bodies constantly consult with NGOs. Still, this is eventually voluntary, and in practice the liability of an NGO to officially share in similar institutions varies greatly. States retain control and count NGOs that may be extremely prejudiced or conflictual. Colorful issues arise from the institutions examined. Decreasingly, NGOs are allowed to share at the transnational position where NGOs are neutral, furnishing the moxie, concern or representation of interests that are particularly overlooked in relation to issues dealt with by the applicable transnational institution. While there's no guaranteed right of participation, the value of translucency and responsibility means that NGOs are bringing to transnational law timber, playing an important part at the transnational position that can expand in the future.

Author

Dr. Samir Shakaralıyev

How to Cite

Samir Shakaralıyev (Master Thesis). The role of non-governmental organizations in international law, 2022, İstanbul University.

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