The International Legal Personality Of The Individual

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The International Legal Personality of the Individual

Author : Astrid Kjeldgaard-Pedersen
Publisher : Oxford University Press
ISBN 13 : 0192552333
Total Pages : 320 pages
Book Rating : 4.1/5 (925 download)

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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 and published by Oxford University Press. This book was released on 2018-08-09 with total page 320 pages. 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

Author : Anne Peters
Publisher : Cambridge University Press
ISBN 13 : 1107164303
Total Pages : 645 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Beyond Human Rights by : Anne Peters

Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. 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.

Legal Personality in International Law

Author : Roland Portmann
Publisher : Cambridge University Press
ISBN 13 : 1139493221
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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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 and published by Cambridge University Press. This book was released on 2010-08-26 with total page pages. 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 Individual in the International Legal System

Author : Kate Parlett
Publisher : Cambridge University Press
ISBN 13 : 1139499971
Total Pages : 463 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Individual in the International Legal System by : Kate Parlett

Download or read book The Individual in the International Legal System written by Kate Parlett and published by Cambridge University Press. This book was released on 2011-04-14 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Legal Framework of the OSCE

Author : Mateja Steinbrück Platise
Publisher : Cambridge University Press
ISBN 13 : 1108615147
Total Pages : 801 pages
Book Rating : 4.1/5 (86 download)

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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 and published by Cambridge University Press. This book was released on 2019-05-30 with total page 801 pages. 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.

Fundamentals of Public International Law

Author : Giovanni Distefano
Publisher : BRILL
ISBN 13 : 9004396691
Total Pages : 991 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Fundamentals of Public International Law by : Giovanni Distefano

Download or read book Fundamentals of Public International Law written by Giovanni Distefano and published by BRILL. This book was released on 2019-05-07 with total page 991 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions.

The Concept of International Legal Personality

Author : Janne Elisabeth Nijman
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067041836
Total Pages : 512 pages
Book Rating : 4.0/5 (418 download)

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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 and published by T.M.C. Asser Press. This book was released on 2004-11-11 with total page 512 pages. 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.

International Law for Humankind

Author : Antônio Augusto Cançado Trindade
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004255079
Total Pages : 753 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis International Law for Humankind by : Antônio Augusto Cançado Trindade

Download or read book International Law for Humankind written by Antônio Augusto Cançado Trindade and published by Martinus Nijhoff Publishers. This book was released on 2013-06-17 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Legal Personality

Author : Fleur Johns
Publisher : Routledge
ISBN 13 : 1351562231
Total Pages : 520 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis International Legal Personality by : Fleur Johns

Download or read book International Legal Personality written by Fleur Johns and published by Routledge. This book was released on 2017-07-05 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 International Responsibility of NATO and its Personnel during Military Operations

Author : David Nauta
Publisher : BRILL
ISBN 13 : 9004354646
Total Pages : 210 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The International Responsibility of NATO and its Personnel during Military Operations by : David Nauta

Download or read book The International Responsibility of NATO and its Personnel during Military Operations written by David Nauta and published by BRILL. This book was released on 2017-11-27 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international responsibility of NATO during its operations, analysis on status, obligations and attribution.

The Individual in International Law

Author : Anne Peters
Publisher : Oxford University Press
ISBN 13 : 0198898916
Total Pages : 449 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Individual in International Law by : Anne Peters

Download or read book The Individual in International Law written by Anne Peters and published by Oxford University Press. This book was released on 2024-06-14 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Concept of International Legal Personality

Author : Janne Elisabeth Nijman
Publisher : T.M.C. Asser Press
ISBN 13 : 9789067047012
Total Pages : 0 pages
Book Rating : 4.0/5 (47 download)

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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 and published by T.M.C. Asser Press. This book was released on 2004 with total page 0 pages. 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.

Responsibility of International Organizations

Author : Maurizio Ragazzi
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004256083
Total Pages : 515 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Responsibility of International Organizations by : Maurizio Ragazzi

Download or read book Responsibility of International Organizations written by Maurizio Ragazzi and published by Martinus Nijhoff Publishers. This book was released on 2013-07-04 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Nordic Approaches to International Law

Author : Astrid Kjeldgaard-Pedersen
Publisher : BRILL
ISBN 13 : 9004343598
Total Pages : 249 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Nordic Approaches to International Law by : Astrid Kjeldgaard-Pedersen

Download or read book Nordic Approaches to International Law written by Astrid Kjeldgaard-Pedersen and published by BRILL. This book was released on 2017-10-30 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a great variety in terms of subject area, methodology, and style, this book contains a selection of papers by international legal scholars from the Nordic region addressing the question of distinct Nordic Approaches to International Law.

The Law of International Responsibility

Author : James Crawford
Publisher : Oxford University Press
ISBN 13 : 0199296979
Total Pages : 1364 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Law of International Responsibility by : James Crawford

Download or read book The Law of International Responsibility written by James Crawford and published by Oxford University Press. This book was released on 2010-05-20 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.

The Concept of Legal Personality Under International Law

Author : Kacper Zajac
Publisher : Grin Publishing
ISBN 13 : 9783668411302
Total Pages : 16 pages
Book Rating : 4.4/5 (113 download)

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Book Synopsis The Concept of Legal Personality Under International Law by : Kacper Zajac

Download or read book The Concept of Legal Personality Under International Law written by Kacper Zajac and published by Grin Publishing. This book was released on 2017-04-12 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Oppenheim's International Law: United Nations

Author : Rosalyn Higgins
Publisher : Oxford University Press
ISBN 13 : 0192537199
Total Pages : 1642 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Oppenheim's International Law: United Nations by : Rosalyn Higgins

Download or read book Oppenheim's International Law: United Nations written by Rosalyn Higgins and published by Oxford University Press. This book was released on 2017-10-12 with total page 1642 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.