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Legal Personality in International Law

2010-08-26 Law
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Release : 2010-08-26
Genre : Law
Kind : eBook
Book Rating : 221/5 ( reviews)

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Book Synopsis Legal Personality in International Law by : Roland Portmann

Download or read book Legal Personality in International Law written by Roland Portmann. This book was released on 2010-08-26. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The International Legal Personality of the Individual

2018-08-09 Law
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Release : 2018-08-09
Genre : Law
Kind : eBook
Book Rating : 333/5 ( reviews)

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Book Synopsis The International Legal Personality of the Individual by : Astrid Kjeldgaard-Pedersen

Download or read book The International Legal Personality of the Individual written by Astrid Kjeldgaard-Pedersen. This book was released on 2018-08-09. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Beyond Human Rights

2016-10-27 Law
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Release : 2016-10-27
Genre : Law
Kind : eBook
Book Rating : 303/5 ( reviews)

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Book Synopsis Beyond Human Rights by : Anne Peters

Download or read book Beyond Human Rights written by Anne Peters. This book was released on 2016-10-27. Available in PDF, EPUB and Kindle. Book excerpt: 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 Concept of International Legal Personality

2004-11-11 Law
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Release : 2004-11-11
Genre : Law
Kind : eBook
Book Rating : 836/5 ( reviews)

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Book Synopsis The Concept of International Legal Personality by : Janne Elisabeth Nijman

Download or read book The Concept of International Legal Personality written by Janne Elisabeth Nijman. This book was released on 2004-11-11. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Legal Framework of the OSCE

2019-05-30 Law
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Release : 2019-05-30
Genre : Law
Kind : eBook
Book Rating : 147/5 ( reviews)

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Book Synopsis The Legal Framework of the OSCE by : Mateja Steinbrück Platise

Download or read book The Legal Framework of the OSCE written by Mateja Steinbrück Platise. This book was released on 2019-05-30. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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