Међународно право између нормативности и деформализације
International Law Between Normativity and Deformalization

Author(s): Duško Glodić
Subject(s): International Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: International law;International legal personality;Normativity;Post-modernism;State;International organizations;Non-governmental organizations;Soft law;
Summary/Abstract: International law and a legal system in its entirety are subjects to influence by social reality in which its norms are being formed and implemented. A dynamic nature of the international law is additionally specific due to its inherent capacity to produce effects at the international level with the aim to regulate international relations. The process of globalization also determines the effects and creation of the international norms and shows the tendency to influence the type of its legal sources as well as the institutional framework within which those norms are being implemented. Therefore, there are some theoretical approaches, collected under the so called post-positivist and critical schools that aim to justify the tendency brought by the globalization. The overall aim of those practices is to deformalize the nature and character of international law. Those teachings that are criticized in this paper tend to redefine the concept of sources and persons of international law. They particularly aim to promote the international non-governmental organizations and multinational corporations as active actors and persons of international law. The paper shows that those entities, although playing a significant role in different international fora, do not possess all necessary qualities to be treated as legal persons under the international law. They participation in the work of international organizations is subject to rules enacted by the international organizations in question. The paper concludes that, despite the strong tendencies to deformalize the international legal order, its normative nature is still preserved since the international law is a system of rules that defines its creation, effects of its norms and the criteria that an entity has to fulfill in order to be considered (recognized) as an international legal personality.

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