Legal personality in international law / Roland Portmann.
2010
KZ3910 .P67 2010 (Map It)
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Details
Author
Title
Legal personality in international law / Roland Portmann.
Published
Cambridge ; New York : Cambridge University Press, 2010.
Call Number
KZ3910 .P67 2010
ISBN
9780521768450 (hbk.)
0521768454 (hbk.)
9780511909795 (e-book)
0511909799 (e-book)
0521768454 (hbk.)
9780511909795 (e-book)
0511909799 (e-book)
Description
xxiv, 333 pages ; 24 cm.
System Control No.
(OCoLC)609872290
Summary
"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.
"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.
Record Appears in
Table of Contents
Foreword
xiii
Acknowledgments
xv
Table of Cases
xvii
List of Abbreviations
xxiii
Introduction
1
Part I: The concept of personality in international law
5
1.
Notion
7
2.
Conceptions
13
3.
Significance
19
Part II: The conceptions of personality in international law: their origins and legal manifestations
29
4.
Early doctrine and practice
31
Before Vattel: international law as an all-embracing web of laws
32
Vattel: international law as an inter-state law
35
After Vattel: pragmatic law-application, unresolved law-creation
38
5.
The states-only conception
42
Basic propositions
43
Origins of the basic propositions
47
The problem of German (and Italian) statehood
48
The state as a historical fact absorbing individuals
52
Law as an expression of state will
59
Main manifestations in legal practice
64
The Mavrommatis-formula
65
The Jurisdiction of the Courts of Danzig Advisory Opinion
68
The Serbian Loans statement on state contracts
73
The direct effect of European Community law
77
6.
The recognition conception
80
Basic propositions
80
Origins of the basic propositions
84
Germany and Italy transformed
86
The framework of the states-only conception confirmed
90
Supplementation with a sociological perspective
93
Main manifestations in legal practice
99
The Reparation for Injuries Advisory Opinion
99
The international legal status of the ICRC
110
The Holy See and the Order of Malta as international persons
115
The Texaco/Calasiatic v. Libya award
119
7.
The individualistic conception
126
Basic propositions
128
Origins of the basic propositions
133
Interwar Europe
134
The state as a functional entity shaped by individuals
139
Constitutional principles as sources of law
147
Main manifestations in legal practice
154
The Nuremberg judgment and international criminal law
154
Civil responsibility of private parties for ius cogens violations
162
International human rights law in the ECHR
167
8.
The formal conception
173
Basic propositions
173
Origins of the basic propositions
177
Devolution of empire and scientific method
178
The normative view of the state
183
Law as a formally complete system of positive norms
191
Main manifestations in legal practice
197
The ICJ's decision in LaGrand and individual treaty rights
197
The effect of Article 42 ICSID Convention (Amco v. Indonesia)
204
9.
The actor conception
208
Basic propositions
210
Origins of the basic propositions
213
American realism
214
The rule-sceptic view of law
217
The reconciliation of the normative and the actual
223
Main manifestations in legal practice
228
The Bank for International Settlements arbitration
228
The International Tin Council cases and beyond
233
The award in Sandline v. Papua New Guinea
239
Part III: A framework for personality in international law
243
10.
Appraisal of the conceptions and their assumptions
245
Recapitulation
245
Evaluation
248
The state: fact vs. legal status
248
Individual freedom: inside vs. outside the state
254
Particular vs. general international law
257
Effective action vs. principled justification
264
Conclusion
268
11.
An individualistic and formal frame of reference
271
Basic principles
271
Implications for particular legal issues
277
Conclusion
282
Bibliography
284
Index
311