The Individual in the International Legal System

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Release : 2011-04-14
Genre : Law
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Book Rating : 971/5 ( reviews)

The Individual in the International Legal System - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Individual in the International Legal System write by Kate Parlett. This book was released on 2011-04-14. The Individual in the International Legal System available in PDF, EPUB and Kindle. Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.

Beyond Human Rights

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Release : 2016-10-27
Genre : Law
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Book Rating : 303/5 ( reviews)

Beyond Human Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Beyond Human Rights write by Anne Peters. This book was released on 2016-10-27. Beyond Human Rights available in PDF, EPUB and Kindle. Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

The International Legal Personality of the Individual

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Release : 2018-08-09
Genre : Law
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Book Rating : 333/5 ( reviews)

The International Legal Personality of the Individual - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The International Legal Personality of the Individual write by Astrid Kjeldgaard-Pedersen. This book was released on 2018-08-09. The International Legal Personality of the Individual available in PDF, EPUB and Kindle. 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.

International Law

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Release : 2014
Genre : Law
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Book Rating : 670/5 ( reviews)

International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook International Law write by Malcolm David Evans. This book was released on 2014. International Law available in PDF, EPUB and Kindle. Clearly and accessibly written, this new text provides a valuable resource for undergraduate and postgraduate students of international law and covers subjects including the history, theories and sources of international law, as well as current areas of interest such as international criminal law.

Legal Personality in International Law

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Release : 2010-08-26
Genre : Law
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Book Rating : 221/5 ( reviews)

Legal Personality in International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Legal Personality in International Law write by Roland Portmann. This book was released on 2010-08-26. Legal Personality in International Law available in PDF, EPUB and Kindle. 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.