International Legal Personality
Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review
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International Legal Personality. / Kjeldgaard-Pedersen, Astrid.
The International Legal System as a System of Knowledge. ed. / Ulf Linderfalk. Edward Elgar Publishing, 2022. p. 170–181.Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review
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TY - CHAP
T1 - International Legal Personality
AU - Kjeldgaard-Pedersen, Astrid
PY - 2022
Y1 - 2022
N2 - This chapter addresses the relationship between international law and subject. More specifically, it engages with the question of which entities possess international legal personality. International lawyers respond to this question differently: examples range from those who believe that personality is an exclusive attribute of the state to those who ascribe personality to every participant in international legal discourse. As the chapter establishes, this difference is due to lawyers' many different opinions about the source of origin of international legal personality. Depending on whether lawyers belong to the camp of legal positivism, legal idealism or legal realism, they will insist that international legal personality is the result of an act of will and/or a recognized source of international law; that it derives from the ideal or ideal set for the international legal enterprise; or that it revolves around the participation of different entities in international decision-making processes.
AB - This chapter addresses the relationship between international law and subject. More specifically, it engages with the question of which entities possess international legal personality. International lawyers respond to this question differently: examples range from those who believe that personality is an exclusive attribute of the state to those who ascribe personality to every participant in international legal discourse. As the chapter establishes, this difference is due to lawyers' many different opinions about the source of origin of international legal personality. Depending on whether lawyers belong to the camp of legal positivism, legal idealism or legal realism, they will insist that international legal personality is the result of an act of will and/or a recognized source of international law; that it derives from the ideal or ideal set for the international legal enterprise; or that it revolves around the participation of different entities in international decision-making processes.
U2 - 10.4337/9781839105586.00017
DO - 10.4337/9781839105586.00017
M3 - Book chapter
SN - 9781839105579
SP - 170
EP - 181
BT - The International Legal System as a System of Knowledge
A2 - Linderfalk, Ulf
PB - Edward Elgar Publishing
ER -
ID: 297206026