Private Actors in Public International Law: Amicus Curiae and the Case for the Retention of State Sovereignty

Abstract

Recent debates regarding the impact of globalization on state sovereignty have led some to conclude that globalization is eroding such sovereignty. This Article challenges that conclusion. It argues that neither the current frenzy of private actor participation in international fora nor the law-making functions of international organizations at which such activity is directed supplants state sovereignty in some zerosum game paradigm. Examining the emergence of amicus curiae in international dispute settlement-specifically the controversy over amici participation in the WfO Asbestos case-the Article concludes that both private actor participation in international law and the exercise of law-making authorities by international organizations has occurred, and can only continue to occur, with the consent of states.