International Agreements between Non-State Actors as a Source of International Law

Melissa Loja is Post-doctoral Fellow at the Centre for International Law, National University of Singapore.

1. Introduction

2. International Agreements between Non-state Actors
I. Theories on the Legal Capacity of Non-state Actors
II. Theories on the Legality of Norms Generated by Non-state Actors
III. Non-state Actors in the Eyes of Postmodern Legal Positivism
A. The Separation Thesis and the Source Thesis
B. The Social Thesis
C. Law-Applying Authorities
IV. Chapter Summary

3. Deformalisation in the Identification of International Law
I. Conceptualisations of the Regime of the Continental Shelf and the Exclusive Economic Zone
A. The Voluntarist-Positivist View
B. The Institutionalist View
C. The Functionalist View
II. The Identification of International Law on Shared Resources
A. Disputes Over Shared Resources
B. Efforts within Institutions to Identify International Law on Shared Resources
C. The Efforts of Scholars to Identify International Law on Shared Resources
III. Chapter Summary

4. The Identification of International Agreements between Non-state Actors as a Source of International Law
I. The Parameters of the Case Study
A. Petroleum Instruments as Research Materials
B. The Application of Postmodern Legal Positivism
II. The Main Findings from the Case Study
A. The Identification of International Agreements between Non-state Actors as a Source of International Law Based on Authority
B. The Identification of International Agreements between Non-state Actors as a Source of International Law Based on Legality
III. Chapter Summary

5. China National Offshore Oil Corporation and the Management of Resource Disputes in the South China Sea and the East China Sea
I. The Gulf of Beibu/Bac Bo
II. The South China Sea
A. The CNOOC-PetroVietnam-PNOC Joint Marine Seismic Undertaking
B. CNOOC-Forum Energy
C. CNOOC-PetroleumBrunei
III. The East China Sea
IV. Chapter Summary

6. Conclusion