The International Legal Personality Of The Individual
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Personal And Separate Legal Order
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Author : KJELDGAARD-PEDERSEN.
language : en
Publisher:
Release Date :
Personal And Separate Legal Order written by KJELDGAARD-PEDERSEN. and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
The International Legal Personality Of The Individual
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Author : Astrid Kjeldgaard-Pedersen
language : en
Publisher: Oxford University Press
Release Date : 2018-08-09
The International Legal Personality Of The Individual written by Astrid Kjeldgaard-Pedersen and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-09 with Law categories.
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
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Author : Anne Peters
language : en
Publisher: Cambridge University Press
Release Date : 2016-10-27
Beyond Human Rights written by Anne Peters and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-27 with Law categories.
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.
Legal Personality In International Law
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Author : Roland Portmann
language : en
Publisher: Cambridge University Press
Release Date : 2010-08-26
Legal Personality In International Law written by Roland Portmann and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-26 with Law categories.
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 Individual In International Law
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Author : Anne Peters
language : en
Publisher: Oxford University Press
Release Date : 2024-06-14
The Individual In International Law written by Anne Peters and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-14 with Law categories.
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.
International Legal Personality
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Author : Fleur Johns
language : en
Publisher: Routledge
Release Date : 2017-07-05
International Legal Personality written by Fleur Johns and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Law categories.
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 Individual In The International Legal System
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Author : Kate Parlett
language : en
Publisher: Cambridge University Press
Release Date : 2011-04-14
The Individual In The International Legal System written by Kate Parlett and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-14 with Law categories.
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.
The Concept Of Legal Personality Under International Law
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Author : Kacper Zajac
language : en
Publisher: Grin Publishing
Release Date : 2017-04-12
The Concept Of Legal Personality Under International Law written by Kacper Zajac and has been published by Grin Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-12 with categories.
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 Concept Of International Legal Personality
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Author : Janne Elisabeth Nijman
language : en
Publisher: T.M.C. Asser Press
Release Date : 2004
The Concept Of International Legal Personality written by Janne Elisabeth Nijman and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
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 Concept Of International Legal Personality
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Author : Janne Elisabeth Nijman
language : en
Publisher: T.M.C. Asser Press
Release Date : 2004-11-11
The Concept Of International Legal Personality written by Janne Elisabeth Nijman and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-11-11 with Law categories.
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.