Legal personality in international law / Roland Portmann. p. cm. – Cambridge studies in international and comparative law; 70 Includes bibliographical references. Dec 21, 2011 · Portmann, Roland, Legal Personality in International Law, Cambridge: Cambridge University Press, 2010, 333 pp, hb £65.00. Christian Henderson. School of Law, Oxford Brookes University. Search for more papers by this author. Christian Henderson. REVIEWS OF BOOKS. Roland Portmann’s monograph takes on the considerable challenge of undertaking ‘a comprehensive analysis of legal personality in international law’ 2. The concept of international legal personality, often articulated in elusive simplicity as ‘the capacity to possess rights and obligations on the international plane’, gives rise to a series of theoretical and practical questions.
Before Vattel: international law as an all-embracing web of laws. One of the first to describe international law as a law between ‘nations’ was Hugo Grotius in his De Jure Bellis ac Pacis in 1625. By using the term ‘law of nations’, however, Grotius did not envisage a law between states. Legal personality is a concept present in international law. It is princi- pally employed to distinguish between those social entities relevant to theinternationallegalsystemandthoseexcludedfromit.Thereisalmost universal agreement that states are international persons.
Overview. Reflecting the increased importance of a basic understanding of international and comparative law principles to legal education and practice, every first year J.D. student at HLS is required to take a course in international legal studies. Prior to the 19 th century, states were the only legal persons in international law. At that period international law regarded individual in much the same way as domestic laws regard animals as non persons, with no legal personality. The position however has charged in the 20 th century. Thence forth international organizations, individuals. 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.
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. As one of the fundamental concepts of international law, legal personality is relevant in specialized fields as diverse as investment protection law, human rights law and the law of international institutions. Combining theory and practice, this analysis of legal personality speaks to generalists and specialists, scholars and practitioners. Roland Portmann is a Scientific Collaborator at the Swiss Ministry of Foreign Affairs, Directorate of International Law, Bern, and a Lecturer in Public International Law at the University of St. But as international law advances, respectively international organizations and individuals came to have limited international legal personality when they fulfill some legal conditions. It is generally accepted that whilst the treaty-making capacity varies from one organization to another, international organizations have a treaty-making power.
“Public international law is that system of law which is primarily concerned with the relations between states.”  The system is composed of subjects enjoying legal personality to a greater of lesser extent. “A subject of international law can be defined as an entity capable of possessing international rights and duties and having capacity to protect its rights by bringing. Common Knowledge Series Cambridge Studies in International and Comparative Law Series: Cambridge Studies in International and Comparative Law LibraryThing has.
Nov 21, 2013 · As one of the fundamental concepts of international law, legal personality is relevant in specialized fields as diverse as investment protection law, human rights law and the law of international institutions. Combining theory and practice, this analysis of legal personality speaks to generalists and specialists, scholars and practitioners.
Legal Personality in International Law. por Roland Portmann. Cambridge Studies in International and Comparative Law Book 70 ¡Gracias por compartir! Has enviado la siguiente calificación y reseña. Lo publicaremos en nuestro sitio después de haberla revisado. 2 On theoretical aspects of legal personality under international law see recently two monographs: J. E. Nijman, The Concept of International Legal Personality. An Inquiry into the History and Theory of International Law, The Hague 2004; and R. Portmann, Legal Personality in International Law, Cambridge 2010.
Buy Legal Personality in International Law, by Roland Portmann, ISBN 9781107627789, published by Cambridge University Press from, the World's Legal Bookshop. Shipping in the UK is free. Competitive shipping rates world-wide. 1.4 international legal personality 7 1.4.1 the concept 7 1.4.2 domestic and international legal personality 8 1.4.3 the importance of possessing international legal personality 9 1.4.4 objective legal personality 11 1.5 sources 12 1.6 approach 13 2 the criteria for international legal personality 14 2.1 introduction 14 2.2 the reparations case 15. This article claims that comparative law and private international law conflict of laws have long had an intimate relationship. Traditionally, comparative law has interacted with private international law in three basic dimensions which can loosely be termed academic, legislative, and judicial. Comparative law has made private international law the object of scholarly study; it has assisted. The emergence of “ordinary” international rights as opposed to human rights sharpens the so-far hardly perceptible normative hierarchy in international law. The novel legal status of humans in international law is captured with a concept borrowed from constitutional doctrine: international rights of the person, as opposed to international.
Curtis Bradley is the William Van Alstyne Professor of Law at Duke Law School and is a co-director of the Law School’s Center for International and Comparative Law. His scholarly expertise spans the areas of international law in the U.S. legal system, the constitutional law of. A subject of International Law is a person entity who possesses international legal personality, i.e., capable of possessing international rights and obligations and having the capacity to take certain types of action on the international level.  Traditionally, States have been the only subjects or persons of International Law. . IN INTERNATIONAL LAW ROLAND PORTMANN CAMBRIDGE UNIVERSITY PRESS. CONTENTS Foreword page xiii. 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.
American Society of International Law BOOKS RECEIVED International Law—General Bekker, Pieter H. F., Rudolf Dolzer, and Michael. national and Comparative Law. Cambridge, New York: Cambridge University Press, 2010. Portmann, Roland. Legal Personality in Inter-national Law Cambridge Studies in Interna-tional and Comparative Law. Author by: Roland Portmann Languange: en Publisher by: Cambridge University Press Format Available: PDF, ePub, Mobi Total Read: 10 Total Download: 112 File Size: 45,8 Mb Description: 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. For example, in the 1949 Reparations Case, the International Court of Justice ICJ held that the United Nations, as an international organization, possessed an international legal personality, and with that, also had rights and duties arising under international law, such as the capacity to bring an international claim before a tribunal. In. 15. Lassa Oppenheim International Law – A Treatise London: Longmans, Green, and Co. 1905 p. 99. See also the more elaborate restatement in Lassa Oppenheim International Law – A Treatise 3rd edn London: Longmans Green and Co. 1920 pp. 17–18. Along the same lines Heinrich Triepel stated as follows in the first volume of the Recueil des Cours de l’Académie de droit international de. 12 See for example, Roland Portmann, Legal Personality in International Law Cambridge: Cambridge University Press, 2010. Matthew Craven deems the concept unhelpful because of its normative indeterminacy: “Statehood, Self-Determination, and Recognition,” in Malcolm D. Evans, ed., International Law, 3rd ed. Oxford: Oxford.
Explore books by Roland Portmann with our selection at. Click and Collect from your local Waterstones or get FREE UK delivery on orders over £20. International and Comparative Legal Studies 1 INTERNATIONAL AND COMPARATIVE LEGAL STUDIES An examination of the way in which international law and practice affects the governance and legal system of any country is an important element in understanding the. Electronic copy available at: https:// /abstract = 2845222 Legal personality as a fundamental concept of international law Catherine Brölmann and Janne Nijman In: J d’Aspremont & S Singh eds, Concepts for International Law ‐ Contributions to Disciplinary Thought London, E Elgar, 2017 1. In numerous areas of public international law, substantive rights and obligations of individuals arguably flow directly from international law. The novel legal status of humans in international law is now captured with a concept borrowed from constitutional doctrine: international rights of the person, as opposed to international law protecting. Series: Cambridge studies in international and comparative law File: PDF, 1.71 MB Preview. Send-to-Kindle or Email. Please login to your account first; Need help? Please read our short guide how to send a book to Kindle. Save for later. Post a Review.
Roland Topor Amnesty International Offset Lithograph 67 Of 100 Signed Framed. $1,100.00. New Roland. New Roland V-02hd Multi Format Video Mixer Free International Shipping. $1,115.00. Roland Jp-8000. Roland Jp-8000 8080 Key Version Synthesizerkeyboard International Shipping. $499.99. Used. public realms international public law. National legal systems including private international law are part of the international legal system. International law takes a customary form, in which society orders itself through its experience of self-ordering, and a legislative form treaties. The state of international law at any time. International legal theory comprises a variety of theoretical and methodological approaches used to explain and analyse the content, formation and effectiveness of public international law and institutions and to suggest improvements. Some approaches center on the question of compliance: why states follow international norms in the absence of a coercive power that ensures compliance.
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