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5 - The principle of personality

Published online by Cambridge University Press:  22 September 2009

Michael Byers
Affiliation:
Duke University, North Carolina
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Summary

When used in a legal sense, the term ‘personality’ usually refers to the capacity of an individual or entity to hold rights and be subject to obligations within a particular legal system. But personality, like jurisdiction, may be more than just something which is objectively determinable. It may also be a requirement or, in some cases, an entitlement, and to the degree that it is either or that it subsumes more specific requirements or entitlements within the international legal system, it may be considered a principle of international law.

For example, different degrees of personality may exist within any legal system, in that some individuals or entities may be able, required or entitled to hold more rights or be subject to more obligations than others. Among these, an individual or entity with full legal personality is capable of holding as many rights and being subject to as many obligations as any other individual or entity within the legal system. But in a legal system in which the same individuals or entities are both subjects and creators of the law, having full legal personality also means that the individual or entity in question is formally entitled to participate in the relevant processes of law creation to the same extent as any other individual or entity.

Type
Chapter
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Custom, Power and the Power of Rules
International Relations and Customary International Law
, pp. 75 - 87
Publisher: Cambridge University Press
Print publication year: 1999

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  • The principle of personality
  • Michael Byers, Duke University, North Carolina
  • Book: Custom, Power and the Power of Rules
  • Online publication: 22 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511491269.007
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  • The principle of personality
  • Michael Byers, Duke University, North Carolina
  • Book: Custom, Power and the Power of Rules
  • Online publication: 22 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511491269.007
Available formats
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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.

  • The principle of personality
  • Michael Byers, Duke University, North Carolina
  • Book: Custom, Power and the Power of Rules
  • Online publication: 22 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511491269.007
Available formats
×