Legal personality in international law / Roland Portmann.
By: Portmann, Roland.Material type: TextSeries: Cambridge studies in international and comparative law (Cambridge, England : 1996): Publisher: Cambridge ; New York : Cambridge University Press, 2010Description: xxiv, 333 p. ; 24 cm.ISBN: 9780521768450 ; 0521768454 (hbk.).Subject(s): Persons (International law)DDC classification: 346.012 Online resources: Table of contents only | Publisher description | Contributor biographical information | Cover image
|Item type||Current location||Collection||Call number||Status||Date due||Barcode|
Symbiosis Law School, Noida
|Reference||346.012 POR.L (Browse shelf)||Available||SLSN-B-4537|
Includes bibliographical references (p. 284-309) and index.
Notion -- Conceptions -- Significance -- Early doctrine and practice -- The states-only conception -- The recognition conception -- The individualistic conception -- The formal conception -- The actor conception -- Appraisal of the conceptions and their assumptions -- 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"--
"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"--