The International Legal Personality Of The Individual

Author : Astrid Kjeldgaard-Pedersen
Publisher : Oxford University Press
Page : 320 pages
File Size : 41,9 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.

Author : Anne Peters
Publisher : Cambridge University Press
Page : 645 pages
File Size : 40,7 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.

Author : Roland Portmann
Publisher : Cambridge University Press
Page : 128 pages
File Size : 43,8 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.

Author : KJELDGAARD-PEDERSEN.
Publisher : Unknown
Page : 128 pages
File Size : 40,5 Mb
Release : 2024-06-13
Category : Electronic
ISBN : 0191860298

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PERSONAL AND SEPARATE LEGAL ORDER. by KJELDGAARD-PEDERSEN. Pdf

Author : Kate Parlett
Publisher : Cambridge University Press
Page : 463 pages
File Size : 49,7 Mb
Release : 2011-04-14
Category : Law
ISBN : 9781139499972

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The Individual in the International Legal System by Kate Parlett Pdf

Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.

Author : Janne Elisabeth Nijman
Publisher : T.M.C. Asser Press
Page : 512 pages
File Size : 46,5 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.

Author : Fleur Johns
Publisher : Routledge
Page : 520 pages
File Size : 44,9 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.

Author : Giovanni Distefano
Publisher : BRILL
Page : 991 pages
File Size : 53,7 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.

Author : Antônio Augusto Cançado Trindade
Publisher : Martinus Nijhoff Publishers
Page : 753 pages
File Size : 54,5 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.

Author : Anne Peters,Senior Research Fellow Tom Sparks,Tom Sparks
Publisher : Oxford University Press
Page : 449 pages
File Size : 53,9 Mb
Release : 2024-06-14
Category : Law
ISBN : 9780198898917

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The Individual in International Law by Anne Peters,Senior Research Fellow Tom Sparks,Tom Sparks Pdf

The Individual in International Law collects the work of esteemed scholars to examine the effects of humanisation on international law, and how individual status, rights, and obligations have changed the international legal system throughout history and into the present day.

Author : David Nauta
Publisher : BRILL
Page : 210 pages
File Size : 43,8 Mb
Release : 2017-11-27
Category : Business & Economics
ISBN : 9789004354647

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The International Responsibility of NATO and its Personnel during Military Operations by David Nauta Pdf

The international responsibility of NATO during its operations, analysis on status, obligations and attribution.

Author : Kacper Zajac
Publisher : Grin Publishing
Page : 16 pages
File Size : 53,5 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.

Author : Janne Elisabeth Nijman
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 45,7 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.

Author : Maurizio Ragazzi
Publisher : Martinus Nijhoff Publishers
Page : 515 pages
File Size : 50,6 Mb
Release : 2013-07-04
Category : Business & Economics
ISBN : 9789004256088

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Responsibility of International Organizations by Maurizio Ragazzi Pdf

In December 2011, the United Nations General Assembly adopted the International Law Commission's articles on the responsibility of international organizations, bringing to conclusion not only nearly ten years of reflection by the Commission, governments and organizations on this specific topic, but also decades of study of the wider subject of international responsibility, which had initially focused on State responsibility. Parallel to this reflection by the Commission, diplomats and public officials, the body of international case-law and literature on the many facets of the topic has steadily been growing. Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie contributes to the body of international literature by collecting a broad spectrum of different and sometimes differing perspectives from well-known experts in the field, ranging from the bench to the Commission, academia, and the world of in-house counsel. The book is also a memorial to the renowned Sir Ian Brownlie, himself a former Chairman of the International Law Commission who, as a leading scholar and practitioner, greatly contributed to the reflection on international responsibility, including the responsibility of international organizations. Edited by Maurizio Ragazzi, a former pupil of Sir Ian, the book is an ideal companion to International Responsibility Today, a collection of essays on international responsibility which the same editor presented in 2005 in memory of Oscar Schachter, and to which Sir Ian Brownlie had contributed. The essays collected in Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, conveniently grouped by the editor under broad areas for the reader's benefit, will be relevant not only to all those interested in this specific subject but also, more generally, to all those engaged in the field of international law and the law of international organizations.

Author : Anna Meijknecht
Publisher : Intersentia nv
Page : 287 pages
File Size : 49,6 Mb
Release : 2001
Category : Law
ISBN : 9789050951661

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Towards International Personality by Anna Meijknecht Pdf

2.3. Dualism and Monism