Legal Personality In International Law

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Legal Personality in International Law

Roland Portmann
Legal Personality in International Law Book PDF

Author : Roland Portmann
Publisher : Cambridge University Press
Page : 128 pages
File Size : 43,7 Mb
Release : 2010-08-26
Category : Law
ISBN : 9781139493222

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Legal Personality in International Law by Roland Portmann Pdf

Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.

Legal Personality in International Law

Roland Portmann
Legal Personality in International Law Book PDF

Author : Roland Portmann
Publisher : Cambridge University Press
Page : 362 pages
File Size : 53,9 Mb
Release : 2013-11-21
Category : Law
ISBN : 1107627788

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Legal Personality in International Law by Roland Portmann Pdf

Several current international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.

Legal Personality in International Law

Roland Portmann
Legal Personality in International Law Book PDF

Author : Roland Portmann
Publisher : Unknown
Page : 333 pages
File Size : 54,7 Mb
Release : 2010
Category : Persons (International law)
ISBN : 1107217830

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Legal Personality in International Law by Roland Portmann Pdf

"Legal personality is a concept present in international law. It is principally employed to distinguish between those social entities relevant to the international legal system and those excluded from it. There is almost universal agreement that states are international persons"--

Beyond Human Rights

Anne Peters
Beyond Human Rights Book PDF

Author : Anne Peters
Publisher : Cambridge University Press
Page : 645 pages
File Size : 51,8 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781107164307

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Beyond Human Rights by Anne Peters Pdf

Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

The International Legal Personality of the Individual

Astrid Kjeldgaard-Pedersen
The International Legal Personality of the Individual Book PDF

Author : Astrid Kjeldgaard-Pedersen
Publisher : Oxford University Press
Page : 320 pages
File Size : 42,7 Mb
Release : 2018-08-09
Category : Law
ISBN : 9780192552334

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The International Legal Personality of the Individual by Astrid Kjeldgaard-Pedersen Pdf

This is the first monograph to scrutinize the relationship between the concept of international legal personality as a theoretical construct and the position of the ultimate subject, the individual, as a matter of positive international law. By testing the four main theoretical conceptions of international legal personality against historical and existing norms of positive international law that regulate the conduct of individuals, the book argues that the common narrative in contemporary scholarship about the development of the role of the individual in the international legal system is flawed. Contrary to conventional wisdom, international law did not apply to states alone until World War II, only to transform during the second half of the 20th century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is - and always was - strictly empirical. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international law and national law turns exclusively on whether the source of the norm in question is international or national in kind. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the 19th century, to influence the interpretation and application of international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-state entities) are frequently applied more restrictively than interpretation without presumptions regarding 'personality' would merit.

The Concept of International Legal Personality

Janne Elisabeth Nijman
The Concept of International Legal Personality Book PDF

Author : Janne Elisabeth Nijman
Publisher : T.M.C. Asser Press
Page : 512 pages
File Size : 43,5 Mb
Release : 2004-11-11
Category : Law
ISBN : 9067041831

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The Concept of International Legal Personality by Janne Elisabeth Nijman Pdf

This book is the report of a journey. The reader is invited to join the author on a th trip in time and space. The trip takes its starting-point in 17 century Europe and th the as yet confused post-Thirty Years War society. After some stops in the 18 th and 19 century the author brings us to the post-World War I society which is as confused and is torn between ideals and despair. Then we make a stop in the post-World War II society when ideals seemingly have made place for trust in power but where we also get a glance of the fragile sapling of human rights law. And finally we pause in the post-Cold War world and try to cast a look into the future. What is the purpose of this journey, what is the author in search of? As is clear from the title it is the concept of International Legal Personality which for many will have a rather formal and positive law connotation. But the journey does not take us into the cabinets of Foreign Ministries or to conference-rooms or United Nations-buildings where the law is made nor to the court-rooms where the law is interpreted and modelled.

International Law for Humankind

Antônio Augusto Cançado Trindade
International Law for Humankind Book PDF

Author : Antônio Augusto Cançado Trindade
Publisher : Martinus Nijhoff Publishers
Page : 753 pages
File Size : 42,9 Mb
Release : 2013-06-17
Category : Law
ISBN : 9789004255074

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International Law for Humankind by Antônio Augusto Cançado Trindade Pdf

This volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005. Professor Cançado Trindade, Doctor honoris causa of seven Latin American Universities in distinct countries, was for many years Judge of the Inter-American Court of Human Rights, and President of that Court for half a decade (1999-2004). He is currently Judge of the International Court of Justice; he is also Member of the Curatorium of The Hague Academy of International Law, as well as of the Institut de Droit International, and of the Brazilian Academy of Juridical Letters.

The Concept of International Legal Personality

Janne Elisabeth Nijman
The Concept of International Legal Personality Book PDF

Author : Janne Elisabeth Nijman
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 48,5 Mb
Release : 2004
Category : Law
ISBN : 9067047015

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The Concept of International Legal Personality by Janne Elisabeth Nijman Pdf

This book is the report of a journey. The reader is invited to join the author on a th trip in time and space. The trip takes its starting-point in 17 century Europe and th the as yet confused post-Thirty Years War society. After some stops in the 18 th and 19 century the author brings us to the post-World War I society which is as confused and is torn between ideals and despair. Then we make a stop in the post-World War II society when ideals seemingly have made place for trust in power but where we also get a glance of the fragile sapling of human rights law. And finally we pause in the post-Cold War world and try to cast a look into the future. What is the purpose of this journey, what is the author in search of? As is clear from the title it is the concept of International Legal Personality which for many will have a rather formal and positive law connotation. But the journey does not take us into the cabinets of Foreign Ministries or to conference-rooms or United Nations-buildings where the law is made nor to the court-rooms where the law is interpreted and modelled.

International Legal Personality

Fleur Johns
International Legal Personality Book PDF

Author : Fleur Johns
Publisher : Routledge
Page : 520 pages
File Size : 44,6 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351562232

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International Legal Personality by Fleur Johns Pdf

Who or what is entitled to act on the international plane? Where should responsibility for violations of international law lie? What sort of entities are capable of possessing international legal rights? What is the status of individuals, minority groups, non-governmental bodies, international organisations and animals in the international legal order and how has their status shifted over time? International Legal Personality contains fourteen articles that address these and related questions. In historical and contemporary writings, international lawyers grapple with the nature of legal identity, and confront global distributions of authority and responsibility, as they explore who or what is a 'person' in the international legal order. These essays document the emergence of an international legal order increasingly conceived in terms of patterns and probabilities, rather than as the stagecraft of a small company of permanent players.

The Concept of Legal Personality Under International Law

Kacper Zajac
The Concept of Legal Personality Under International Law Book PDF

Author : Kacper Zajac
Publisher : Grin Publishing
Page : 16 pages
File Size : 46,7 Mb
Release : 2017-04-12
Category : Electronic
ISBN : 3668411301

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The Concept of Legal Personality Under International Law by Kacper Zajac Pdf

Essay from the year 2013 in the subject Law - European and International Law, Intellectual Properties, grade: 65, University of Wales, Aberystwyth, course: LLB, language: English, abstract: "Public international law is that system of law which is primarily concerned with the relations between states." (O'Brien J. International Law (Cavendish Publishing Limited, London 2001) at 1). The system is composed of subjects enjoying legal personality to a greater of lesser extent. Traditionally, it was a state that was a sole subject of international law. However "it is accepted today that the subject extends to rights and duties pertaining to international organisations, companies and individuals" (ibid.). The present essay explores the scope of the concept of legal personality under international law.

The Legal Framework of the OSCE

Mateja Steinbrück Platise,Carolyn Moser,Anne Peters
The Legal Framework of the OSCE Book PDF

Author : Mateja Steinbrück Platise,Carolyn Moser,Anne Peters
Publisher : Cambridge University Press
Page : 801 pages
File Size : 53,9 Mb
Release : 2019-05-30
Category : Law
ISBN : 9781108615143

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The Legal Framework of the OSCE by Mateja Steinbrück Platise,Carolyn Moser,Anne Peters Pdf

The Organization for Security and Cooperation in Europe (OSCE), the world's largest regional security organisation, possesses most of the attributes traditionally ascribed to an international organisation, but lacks a constitutive treaty and an established international legal personality. Moreover, OSCE decisions are considered mere political commitments and thus not legally binding. As such, it seems to correspond to the general zeitgeist, in which new, less formal actors and forms of international cooperation gain prominence, while traditional actors and instruments of international law are in stagnation. However, an increasing number of voices - including the OSCE participating states - have been advocating for more formal and autonomous OSCE institutional structures, for international legal personality, or even for the adoption of a constitutive treaty. The book analyses why and how these demands have emerged, critically analyses the reform proposals and provides new arguments for revisiting the OSCE legal framework.

Common Law of International Organizations

Finn Seyersted
Common Law of International Organizations Book PDF

Author : Finn Seyersted
Publisher : BRILL
Page : 632 pages
File Size : 41,7 Mb
Release : 2008-06-04
Category : Business & Economics
ISBN : 9789047433460

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Common Law of International Organizations by Finn Seyersted Pdf

This work provides a comprehensive theory of the system of legal norms that are developed partly in the internal written (constitutional) law of intergovernmental organizations and partly through their consistent practice, and that are therefore common to intergovernmental organizations. The legal construction presented in this volume consists of the following main elements: As for all other self-governing communities all intergovernmental organizations possess their own internal law governing their relations with 1) the organs of the organization, 2) the officials and 3) the member states in their capacity as members of the organization. Some organizations exercise in addition extended (delegated) jurisdiction over states, other organizations and/or individuals. Secondly, as for other self-governing communities all intergovernmental organizations are subjects of public international law in their relations with other self-governing communities (states and other intergovernmental organizations), and in the case of extended jurisdiction, also in relations with individuals and private entities. Thirdly, as for all other self-governing communities possessing its own internal law (its distinct lex personalis), intergovernmental organizations enter into relations of a private law nature with both public and private entities. Governed by the rules on conflict of laws, these relations must be determined by assessing relevant 1) personal, 2) territorial and 3) organic connecting factors. Thus Common Law of Intergovernmental Organizations brings together all those elements pertaining to the theory of objective legal personality that have been presented in a scattered fashion, in bits and pieces. Common Law of Intergovernmental Organizations, starting out from the position of objective legal personality, is fully compatible with modern requirements of good governance and accountability of international organizations, and particularly adaptable to the ideal of “systemic integration” of legal regimes constituting internal law of the organization.

Fundamentals of Public International Law

Giovanni Distefano
Fundamentals of Public International Law Book PDF

Author : Giovanni Distefano
Publisher : BRILL
Page : 991 pages
File Size : 50,7 Mb
Release : 2019-05-07
Category : Law
ISBN : 9789004396692

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Fundamentals of Public International Law by Giovanni Distefano Pdf

Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions.

Non-State Actor Dynamics in International Law

Cedric Ryngaert
Non State Actor Dynamics in International Law Book PDF

Author : Cedric Ryngaert
Publisher : Routledge
Page : 222 pages
File Size : 42,5 Mb
Release : 2016-05-06
Category : Law
ISBN : 9781317086925

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Non-State Actor Dynamics in International Law by Cedric Ryngaert Pdf

Non-state actors have always been treated with ambivalence in the works of international law. While their empirical existence is widely acknowledged and their impact and influence uncontested, non-state actors are still not in the centre of international legal research. The idea that non-state actors are not law-makers, however, stands in sharp contrast with the growing notion of non-state actors as law-takers. This book examines the position of non-state actors in international law as law-makers and law-takers and questions whether these different positions can or should be separated from each other. Each contribution reveals both the political and normative aspects of the question as well as the positivistic possibilities and constraints to accommodate non-state actors as law-takers and law-makers in the contemporary international legal system. Altogether, each expert reveals that the position of non-state actors in international law is not a fixed one but changes with the functional and theoretical perspectives of the observer. Non-State Actor Dynamics in International Law is a welcomed addition to an under researched field of legal study. An indispensable read to scholars and policy makers wishing to gain new insights into general discourse on non-state actors in international law and the process of norm formation in the international realm.

Statehood and the State-Like in International Law

Rowan Nicholson
Statehood and the State Like in International Law Book PDF

Author : Rowan Nicholson
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 50,6 Mb
Release : 2019-09
Category : Law
ISBN : 9780198851219

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Statehood and the State-Like in International Law by Rowan Nicholson Pdf

If the term were given its literal meaning, international law would be law between 'nations'. It is often described instead as being primarily between states. But this conceals the diversity of the nations or state-like entities that have personality in international law or that have had it historically. This book reconceptualizes statehood by positioning it within that wider family of state-like entities. In this monograph, Rowan Nicholson contends that states themselves have diverse legal underpinnings. Practice in cases such as Somalia and broader principles indicate that international law provides not one but two alternative methods of qualifying as a state. Subject to exceptions connected with territorial integrity and peremptory norms, an entity can be a state either on the ground that it meets criteria of effectiveness or on the ground that it is recognized by all other states. Nicholson also argues that states, in the strict legal sense in which the word is used today, have never been the only state-like entities with personality in international law. Others from the past and present include imperial China in the period when it was unreceptive to Western norms; precolonial African chiefdoms; 'states-in-context', an example of which may be Palestine, which have the attributes of statehood relative to states that recognize them; and entities such as Hong Kong.