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3 - Significance

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

On a general level, the significance of personality in international law is straightforward. In analogy to the use of personality in municipal law, it is to distinguish those social actors belonging to the international legal system from those being excluded from it. International persons can claim direct protection by international law or are subjected to obligations determined by it whereas entities not having that status generally cannot do so for they do not directly exist for the international legal system. On a more specific level, however, it is more difficult to detect the significance of international personality. The topic, as has been noted, often looms in the background of legal argument and is rarely directly addressed in legal practice. But this does not mean that it is not relevant for legal outcomes. One's conception of international personality, it is submitted, significantly influences international legal issues. In particular, it often determines the starting point of legal analysis and eventually its outcome. In the following, this is illustrated by means of four legal situations in which the choice of a particular conception of international personality has important legal effects: (a) the direct application of treaties to individuals, (b) responsibility of international organizations, (c) the rights and duties of non-state actors under customary international law, and (d) the applicable law to so-called state contracts.

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Publisher: Cambridge University Press
Print publication year: 2010

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References

LaGrand Case (Germany v. United States), Judgment, 2001 ICJ Reports 466
Case Concerning Avena and Other Mexican Nationals (Mexico v. United States), 2004 ICJ Reports 12
Right to Information on Consular Assistance in the Framework of the Guarantees of the Due Process of Law (Advisory Opinion OC-16/99), 1999
Jurisdiction of the Courts of Danzig (Advisory Opinion), 1928
Reparation for Injuries Suffered in the Service of the United Nations (Advisory Opinion), 1949 ICJ Reports 174, at 179.
Gaja, Giorgio (Special Rapporteur), First Report on Responsibility of International Organizations, ILC 2003, UN Doc. A/CN.4/532, para. 15.Google Scholar
Legality of Use of Force (Preliminary Objections, Judgment), 2004
Bankovic and Others v. Belgium and Others (Grand Chamber, Decision on Admissibility), ECHR 2001-XII, para. 32.
Maclaine Watson & Co. Ltd v. International Tin Council (House of Lords, 1989), 29 ILM 670, esp. at 672–5
Maclaine Watson & Company Limited v. Council and Commission of the European Communities (Advocate-General's Opinion), 1990 ECR I–01797, paras. 134–7
Arab British Helicopter Company and Arab Republic of Egypt v. Westland Helicopters Ltd., United Arab Emirates, Kingdom of Saudi Arabia and State of Qatar (Swiss Federal Court, 1988), 80 ILR 622, esp. at 658.
Kadic v. Karadzic II (US Court of Appeals, Second Circuit, 1995)
Sandline International Inc. v. Papua New Guinea (Interim Award, 1998)
CAA and Vivendi Universal v. Argentina (Decision on Annulment, 2002), 6 ICSID Reports 340, para. 96 (p. 365).
Garcia-Amador, F. V. (Special Rapporteur), Fourth Report on State Responsibility, UN Doc. A/CN.4/119, YILC (1959-II), para. 129 (p. 32)Google Scholar

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  • Significance
  • Roland Portmann
  • Book: Legal Personality in International Law
  • Online publication: 05 October 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511779848.006
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  • Significance
  • Roland Portmann
  • Book: Legal Personality in International Law
  • Online publication: 05 October 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511779848.006
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.

  • Significance
  • Roland Portmann
  • Book: Legal Personality in International Law
  • Online publication: 05 October 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511779848.006
Available formats
×