Book Reviews

2019 ◽  
Vol 61 (1) ◽  
pp. 575-605
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Council Of Europe ◽  
Legal Personality ◽  
Oxford University ◽  
International Criminal Tribunals ◽  
The Individual ◽  
International Legal Personality ◽  
Oxford University Press

Edward Chukwuemeke Okeke: Jurisdictional Immunities of States and International Organizations, Oxford University Press, Oxford 2018 (Review by Jürgen Bröhmer) Benoit Mayer: The International Law on Climate Change, Cambridge University Press, Cambridge 2018 (Review by Kati Kulovesi) Henri Decoeur: Confronting the Shadow State: An International Law Perspective on State Organized Crime, Oxford University Press, Oxford 2018 (Review by Andreas Schloenhardt) Leonardo Borlini: Il Consiglio di sicurezza e gli individui (The Security Council and Individuals), Giuffrè Editore, Milan 2018 (Review by Robert Kolb) Birgit Spiesshofer: Responsible Enterprise: The Emergence of a Global Economic Order, C. H.Beck/Hart/Nomos, München/Oxford/Baden-Baden 2018 (Review by Stefan Hobe) Astrid Kjeldgaard-Pedersen: The International Legal Personality of the Individual, Oxford University Press, Oxford 2018 (Review by Tom Sparks) James Harrison: Saving the Oceans Through Law: The International Legal Framework for the Protection of Marine Environment, Oxford University Press, Oxford 2017 (Review by Bleuenn Gaëlle Guilloux) Paolo Lobba and Triestino Mariniello (eds.): Judicial Dialogue on Human Rights: The Practice of International Criminal Tribunals, Brill Nijhoff, Leiden/Boston 2017 (Review by Sarah Imani) Stefanie Schmahl and Marten Breuer (eds.): The Council of Europe – Its Law and Policies. Oxford University Press, Oxford 2017 (Review by Thomas Hoppe)

Book Reviews

2018 ◽  
Vol 60 (1) ◽  
pp. 801-833
Keyword(s):  
New York ◽  
International Law ◽  
Legal Status ◽  
Regional Cooperation ◽  
Cambridge University ◽  
Oxford University ◽  
International Criminal Tribunals ◽  
Investment Treaty ◽  
The Individual ◽  
Oxford University Press

Onuma Yasuaki: International Law in a Transcivilizational World. Cambridge University Press, Cambridge 2017 Andrzej Jakubowski/Karolina Wierczyńska (eds.): Fragmentation vs the Constitutionalisation of International Law: A Practical Inquiry. Routledge, London and New York 2016 Rosalyn Higgins/Philippa Webb/Dapo Akande/Sandesh Sivakumaran/James Sloan: Oppenheim’s International Law: United Nations. Oxford University Press, Oxford 2017 Nobuo Hayashi/Cecilia M. Bailliet (eds.): The Legitimacy of International Criminal Tribunals. Cambridge University Press, Cambridge 2017 Christine Chinkin/Mary Kaldor: International Law and New Wars. Cambridge University Press, Cambridge 2017 Marina Lostal: International Cultural Heritage Law in Armed Conflict: Case-Studies of Syria, Libya, Mali, the Invasion of Iraq, and the Buddhas of Bamiyan. Cambridge University Press, Cambridge 2017 Brian D. Lepard (ed.): Reexamining Customary International Law. Cambridge University Press, Cambridge 2017 Anne Peters: Beyond Human Rights. The Legal Status of the Individual in International Law. Cambridge University Press, Cambridge 2016 C. J. Jenner/Tran Truong Thuy (eds.): The South China Sea: A Crucible of Regional Cooperation or Conflict-making Sovereignty Claims? Cambridge University Press, Cambridge 2016 Daniel Bodansky/Jutta Brunnée/Lavanya Rajamani: International Climate Change Law. Oxford University Press, Oxford 2017 Andreas Kulick (ed.): Reassertion of Control over the Investment Treaty Regime. Cambridge University Press, Cambridge 2017

The International Legal Personality of the Individual

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
Legal Rights ◽  
Legal Personality ◽  
Legal Norms ◽  
State Of Affairs ◽  
The Individual ◽  
International Legal Personality ◽  
The Relationship ◽  
Second World

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. 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 and national legal norms turns exclusively on the nature of their respective sources. 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 nineteenth century, to influence the interpretation and application of contemporary 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.

The Law on Belligerency and Insurgency, and International Legal Personality

2017 ◽  
Author(s):  
Katharine Fortin
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Armed Groups ◽  
Historical Account ◽  
Detailed Review ◽  
Legal Personality ◽  
Geneva Conventions ◽  
State Consent ◽  
The Law ◽  
International Legal Personality

This chapter provides a historical account of the manner in which the legal personality of armed groups was conceived and treated prior to the drafting of the 1949 Geneva Conventions. Conducting a detailed review of the law of belligerency and the legal framework of insurgency, the chapter demonstrates the different ways in which armed groups could acquire obligations under international law under these frameworks. During the course of this examination, the chapter pays particular attention to the relevance of territory, special agreements, State consent, and the armed group’s functionality. It concludes by analysing its findings against the evaluative framework set out in Chapter 3.

International Legal Personality as a Theoretical Construct

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
Legal Order ◽  
Theoretical Construct ◽  
Legal Personality ◽  
International Legal Order ◽  
The Individual ◽  
International Legal Personality ◽  
The Relationship ◽  
The Way

Chapter 2 identifies and explains the four theoretical conceptions of international legal personality, which will be tested against historical and existing norms of positive international law in Chapters 3–8. With particular focus on the role attributed to the individual as the ultimate subject of international law, the examination will concentrate on selected scholars’ conclusions on the criteria for, and the consequences of acquiring, international legal personality. Moreover, it will address the way in which proponents of the various conceptions perceive the relationship between the international legal order and national legal order(s) and the role of the concept of international legal personality in that regard. Given that a primary aim of the book is to ascertain the position of the individual as a matter of international lex lata, particular attention is given to the two main conceptions of international legal personality, which both claim to be positivist.

Paul Ricoeur and International Law: Beyond ‘The End of the Subject’. Towards a Reconceptualization of International Legal Personality

2007 ◽  
Vol 20 (1) ◽  
pp. 25-64 ◽  
Author(s):  
JANNE E. NIJMAN
Keyword(s):  
International Law ◽  
International Institutions ◽  
The Other ◽  
Legal Personality ◽  
Legal Subject ◽  
The Subject ◽  
The One ◽  
The Individual ◽  
International Legal Personality ◽  
Normative Aspect

The enquiry into international legal personality in the following article is both descriptive and prescriptive in nature. On the one hand, the phenomenon of the (legal) subject is described and explained, in order to offer a better reflection on, and analysis of, its existence. This holds for both the individual and the (so central to international law) collective subject. On the other hand, our attempt at reconceptualization has a clear normative aspect. Reconstructing (international) legal personality on the basis of anthropology and ethics as an inextricable part of the identity of a person results in a conception of (international) law as justice. And this means that international legal personality reconceptualized along the lines suggested in this paper functions to develop just international institutions and just international law.

Sign in / Sign up

Export Citation Format

Share Document