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The International Legal Personality of the Individual (Hardcover)
Loot Price: R3,551
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The International Legal Personality of the Individual (Hardcover)
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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.
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