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Introduction

Published online by Cambridge University Press:  05 October 2010

Roland Portmann
Affiliation:
Swiss Ministry of Foreign Affairs and Universität St Gallen, Switzerland
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Summary

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. But it is unresolved whether and according to what criteria entities other than states – individuals, international and non-governmental organizations, private corporations – can become international persons and what consequences such international legal status entails. In this sense, it still holds true that, as the International Court of Justice put it in Reparation for Injuries, international personality is a concept ‘giv[ing] rise to controversy’.

Despite (or perhaps because of) its controversial nature, there is little comprehensive literature on legal personality in international law, at least in recent times. Certainly, most textbooks contain chapters on international personality or on the subjects of international law, the two expressions mostly used as synonyms. And equally true, there is a large number of scholarly contributions focusing on one particular aspect of international personality, for example on the international legal status of individuals or on the international capacities of international and non-governmental organizations. But there are very few general treatments of the topic and, to the extent they exist, they tend to be brief and observational in nature or more concerned with historical and biographical rather than with legal analysis.

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Publisher: Cambridge University Press
Print publication year: 2010

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References

Reparation for Injuries Suffered in the Service of the United Nations (Advisory Opinion), 1949 ICJ Reports 174, at 178.

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  • Introduction
  • Roland Portmann
  • Book: Legal Personality in International Law
  • Online publication: 05 October 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511779848.002
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  • Introduction
  • Roland Portmann
  • Book: Legal Personality in International Law
  • Online publication: 05 October 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511779848.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Roland Portmann
  • Book: Legal Personality in International Law
  • Online publication: 05 October 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511779848.002
Available formats
×