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Legal Personality in International Law

$139.00 (C)

Part of Cambridge Studies in International and Comparative Law

  • Author: Roland Portmann, Swiss Ministry of Foreign Affairs and Universität St Gallen, Switzerland
  • Date Published: October 2010
  • availability: Available
  • format: Hardback
  • isbn: 9780521768450
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About the Authors
  • 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.

    • Organizes theoretical and practical material on legal personality, providing orientation and legal arguments for dealing with this controversial concept
    • Demonstrates the assumptions underpinning different positions on legal personality, enabling readers to determine their accuracy in contemporary international law
    • Includes vast amount of practical material, such as various authoritative statements regarding legal personality and its interpretation
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    Reviews & endorsements

    "Legal Personality in International Law is a piece of interesting, solid, and well-reasoned legal scholarship."
    Leiden Journal of International Law

    "There is much to admire in this work that is in many respects [a] commendable piece of scholarship. The relative lack of literature on this topic means that Portmann’s book will no doubt find a place on the bookshelf of many international lawyers and particularly those interested in the historical and theoretical underpinnings of the main conceptions of international legal personality"
    Modern Law Review

    "The intellectual history that the book provides as well as the arguments that it advances constitute a remarkable contribution to the field. Legal Personality in International Law is on balance a terrific book, and it is likely to become a mandatory starting point for future works on the subjects of international law."
    British Yearbook of International Law

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    Customer reviews

    05th Aug 2013 by Mxin17

    the legal personality in international law is quite a good book, which has the positive effect on my thesis

    Review was not posted due to profanity

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    Product details

    • Date Published: October 2010
    • format: Hardback
    • isbn: 9780521768450
    • length: 362 pages
    • dimensions: 229 x 152 x 24 mm
    • weight: 0.7kg
    • contains: 1 table
    • availability: Available
  • Table of Contents

    Introduction
    Part I. The Concept of Personality in International Law:
    1. Notion
    2. Conceptions
    3. Significance
    Part II. The Conceptions of Personality in International Law: Their Origins and Legal Manifestations:
    4. Early doctrine and practice
    5. The states-only conception
    6. The recognition conception
    7. The individualistic conception
    8. The formal conception
    9. The actor conception
    Part III. A Framework for Personality in International Law:
    10. Appraisal of the conceptions and their assumptions
    11. An individualistic and formal frame of reference
    12. Conclusion.

  • Author

    Roland Portmann, Swiss Ministry of Foreign Affairs and Universität St Gallen, Switzerland
    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 Gallen, Switzerland.

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