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Legal Personality in International Law (Paperback)
Loot Price: R1,162
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Legal Personality in International Law (Paperback)
Series: Cambridge Studies in International and Comparative Law
Expected to ship within 12 - 17 working days
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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.
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