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Title: The counter-hegemonic potential of non-state actors as custom-makers in international law
Author: Okubuiro, J. C.
ISNI:       0000 0004 6422 6236
Awarding Body: University of Liverpool
Current Institution: University of Liverpool
Date of Award: 2017
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Traditionally, customary international law is defined as comprising state practice and opinio juris. However, there is a current trend in legal argument by Third World Approaches to International Law (TWAIL) that challenges these state practices arguably dominated by Western ideologies. Based on these challenges, the purpose of this research is not to discard these trends; rather it interrogates the basic principle of international law that sees only state practice and opinio juris as constituting customary international law. This research adds a novel perspective to the on-going debate by investigating the role of the practices and opinions of non-state actors as a counter-hegemonic tool for equal participation, self-determination and emancipation of the Third World peoples who are arguably the victims of Western domination. This thesis explores the above arguments through Nigerian example. It demonstrates the tension between the Western state model and indigenous systems in Nigeria. Such conflict necessitates an ‘inclusive system’ that involves the participation of state and non-state actors in the development of customary international law.
Supervisor: Schwobel-Patel, C. E. J. ; Henderson, C. Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral