Legal personality in international law / Roland Portmann.
Cambridge ; New York : Cambridge University Press, 2010.
xxiv, 333 pages ; 24 cm.
Cambridge studies in international and comparative law (Cambridge, England : 1996)
Formatted Contents Note
Part I. The concept of personality in international law: 1. Notion 2. Conceptions 3. Significance Part II. The conceptions of personality in international law: their origins and legal manifestations. 4. Early doctrine and practice 5. The states-only conception 6. The recognition conception 7. The individualistic conception 8. The formal conception 9. The actor conception Part III. A framework for personality in international law: 10. Appraisal of the conceptions and their assumptions 11. An individualistic and formal frame of reference.
"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"-- Provided by publisher. "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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 284-309) and index.