scholarly journals Multinational (Transnational) Companies as Subjects of Public International Law // Multinacionalne (transnacionalne) kompanije kao subjekti međunarodnog javnog prava

2017 ◽  
Vol 7 (7) ◽  
pp. 110
Author(s):  
Boris Krivokapić
Keyword(s):  
International Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Multinational Companies ◽  
Legal Capacity ◽  
Legal Personality ◽  
Transnational Companies ◽  
The One ◽  
International Legal Personality

The paper deals with international legal status of multinational (transnational) companies. The first part gives an overview of this entities and the specifics of their role in the modern world.In the second part, the author deals with the elements of international legal personality of multinational (transnational) companies. Such as international legal regulation of the position of these entities, their specific rights and obligations under international law, international responsibility, process subjectivity before certain international judicial bodies and the special relationship (partnership) with international organizations. It should be added that not only that international law acknowledges their existence, but also multinational companies themselves at least in part influence the development of that law.In the concluding remarks the author notes that multinational (transnational) companies do not have all the elements of a full international personality, the one that is inherent to states. However, even if not complete their personality is beyond doubt. Although between them, depending on the case, there are major differences, there is no dispute that, from the perspective of international law, at least some multinational companies have the legal capacity (the ability to be the holder of a larger or smaller circle of rights and obligations established by international law), legal capacity (the ability to conclude international agreements, create international custom, etc.), tort capacity (the ability to provide for the legal bears responsibility for violating the norms of international law), process capability (active and passive legitimacy before some international courts), etc. In all likelihood, along with the expected further strengthening of the economic, but also political and every other power and role of the companies themselves, their international personality will also become more and more developed, At one point this will require global (universal) agreement which would precisely define rights, but, in particular, the duties and responsibilities of these entities.

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.

scholarly journals International Legal Subjectivity: Concept and Reality in the UN

2014 ◽  
Vol 4 (1) ◽  
pp. 381
Author(s):  
MSc. Ornela Taci
Keyword(s):  
United Nations ◽  
International Law ◽  
Qualitative Methodology ◽  
Legal Status ◽  
Legal Personality ◽  
Legal Subjectivity ◽  
Un Reform ◽  
Legal Nature ◽  
Open Debate ◽  
International Legal Personality

The article titled “International legal subjectivity: Concept and reality in the UN” the first, identifies debates on subjects of International Law briefly. The identification of debates serves to deal the creation of UNO (United Nations). Then, the article treates a brief historical overview on the functions of the UN since its creation until today to analyze international legal personality and its legal nature opposite functions that are dampened and transnational capabilities, the UN priority today. Also, it gives the reasons why the debate on UN reform should remain open.The aim of this study is to examine from the perspective of a qualitative methodology the characteristics of the legal status of the UN in space and in time to create a model based on Charter and on the real exercise of its functions but not according to denomination. The theories on international legal personality, the distribution of the United Nations and the consequences are not treated for this reason in this study. Also, historical and legal methods are used.The legal status of UNO is a tool to fulfil mission in approach of action of International Law, the challenge of the debate today. UNO was established in 1945 and acts are based on its Charter and international documents. The UN mission has changed today but the International Order is not in danger because the target of the UN is its renewal through reforms. The open debate on reform gives a contribution on evolution of International Law.

scholarly journals TO THE QUESTIONS OF INTERNATIONAL LEGALITY OF LOCAL COMMUNITY IN THE INTERNATIONAL LEGAL ECONOMIC RELATIONS

2019 ◽  
Vol 2 (42) ◽  
pp. 35-61
Author(s):  
Nataliya Yakymchuk ◽  
Ganna Vlasova ◽  
Oksana Vaitsekhovska ◽  
Petro Tsymbal ◽  
Yuliia Baliuk
Keyword(s):  
International Law ◽  
Economic Activity ◽  
Legal Status ◽  
Economic Globalization ◽  
Intergovernmental Organizations ◽  
Legal Personality ◽  
Economic Relations ◽  
Foreign Countries ◽  
International Legal Personality ◽  
Legal Entities

The article is devoted to the issue of international legal personality of cities as subnational persons. The rapid urbanization of cities, modern processes of decentralization of power in the countries and the growth of economic globalization in the world have led to an increase in the autonomy of subnational individuals (especially such their kind as cities). The sphere of greatest manifestation of such independence is economic, within which, cities are increasingly entering into foreign economic relations not only with foreign legal entities, but also with international intergovernmental organizations and governments of foreign countries when solving economic and economic issues of local level. The rapid growth and such foreign economic activity, the legal basis of which, as a rule, are international treaties between the countries, has caused ambiguous understanding of the legal status of subnational persons and highly actualized the research of this problem in the context of determining their international legal personality. The article analyzes the doctrinal approaches to the concept of "subject of international law" and the criteria for their separation from other legal entities participating in relations with a foreign element. The basic international documents and normative legal acts of foreign countries that regulate the legal status of territorial communities of cities as subjects of local self-government and give the rights to enter into a contractual relationship on their own and in a responsible manner in a transboundary context are investigated. Exploring the forms of urban cooperation at the regional and universal levels, the following forms of networking of cities as infrastructures, which are factors of international legal regulation (aimed at economic solidarity) and political ones, in which cities often act as agents of international intergovernmental organizations, are distinguished. Based on the analysis of international documents and national legal acts regulating the legal status of subnational persons and their relations with subjects of international law, as well as domestic and foreign doctrines of international legal personality, a scientific approach to the status of cities in economic relations with a foreign element is formulated. Cities are defined as complementary (substantive) subjects of international legal relations with a special international legal personality: in the formally-legal plane they are granted the rights in foreign economic activity by the legal norms of the national law, which these relations are regulated; similarly to the states, cities (like other subnationals) are representatives of the public interest of the communities of cities; in the economic-practical plane act as independent subjects of economic relations of an international character. Illustrated signs of the rapid development of "city diplomacy", which, on the background of decentralization of authorities to territorial communities and economic globalization, led to the expansion of the scope of international legal personality in the practice of foreign economic relations and caused a gradual change in their international legal personality in international acts.

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.

A Ghost in the Ivory Tower: Positivism and International Legal Regulation of Armed Opposition Groups

2016 ◽  
Vol 7 (1) ◽  
pp. 32-62 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Legal Regulation ◽  
Current Debate ◽  
Legal Personality ◽  
Legal Obligations ◽  
The Law ◽  
Opposition Group ◽  
International Legal Personality ◽  
The Relationship

Why do scholars, who generally acknowledge the international legal personality of non-State entities, still question the bindingness of the law of non-international armed conflict on insurgents? This article examines the relationship between the two dominant positivist conceptions of international legal personality and the rights and obligations of insurgents as a matter of positive international law. First, the article illustrates that the evolution of the law of non-international armed conflict corroborates Hans Kelsen’s idea that the international legal personality of an entity, be it a State, an armed opposition group, or an individual, is solely contingent upon interpretation of international norms. Second, it shows that the traditional perception of States as exclusive subjects of international law – though never reflected in positive norms governing non-international armed conflict – continues to influence the current debate on the theoretical underpinnings for binding insurgents. The orthodox ‘States-only’ conception of international legal personality is seemingly so ingrained in the minds of contemporary international lawyers that they inadvertently rely on it when faced with international legal regulation of non-State entities. Finally, the article addresses the implications of these findings for the overall question of international legal obligations of non-State actors.

scholarly journals Los actores no estatales internacionales a la luz del Derecho internacional: el caso de las empresas transnacionales = International non-state actors under the light of International Law: the case of transnational companies

2019 ◽  
Vol 11 (2) ◽  
pp. 194
Author(s):  
Eugenia López-Jacoiste Díaz
Keyword(s):  
International Law ◽  
Trade Liberalization ◽  
International Society ◽  
Legal Status ◽  
International Order ◽  
Political Life ◽  
Legal Capacity ◽  
Transnational Companies ◽  
State Actors

Resumen: Nunca en la sociedad internacional las empresas transnacionales han tenido tanta im­portancia como en la actualidad. Es innegable su influencia en la vida económica y política de la socie­dad internacional. Sus acciones autónomas y sin cortapisas se han visto favorecidas por la defensa de la liberalización comercial casi absoluta por parte de la OMC. Han adquirido, sin duda, un papel sin prece­dentes en la organización de los intereses comerciales internacionales. Pero esta realidad no corresponde con su deficiente estatuto jurídico internacional y menos aún con su muy discutida subjetividad interna­cional. Son algo más que meros objetos y pueden llegar a ser, incluso, sujetos derivados o funcionales del orden internacional, a pesar de las reticencias doctrinales e insuficiencias del Derecho internacional.Palabras clave: empresas transnacionales, globalización económica y comercial, actores no esta­tales, capacidad jurídica internacional, sujetos de Derecho internacional.Abstract: Transnational enterprises have never been as important as they are today. Their influence on the economic and political life of international society is undeniable. Its autonomous and unres­trained actions have been favored by the defense of almost absolute trade liberalization by the WTO. They have undoubtedly acquired an unprecedented role in the organization of international commercial interests. These facts do not correspond however to its deficient international legal status and even less to its much-discussed international subjectivity. Such enterprises are more than mere objects of the in­ternational order and they can even be derived or functional subjects of the international order, despite the doctrinal reluctance and inadequacies of international law.Keywords: transnational enterprises, economic and commercial globalization, non-state actors, international legal capacity, subjects of international law

scholarly journals THE MONETARY SYSTEM OF THE RUSSIAN FEDERATION: DIGITAL NOVELTIES AND THEIR IMPACT ON THE LEGAL CAPACITY OF PARTIES TO FINANCIAL RELATIONSHIPS

Banking law ◽  
2021 ◽  
Vol 1 ◽  
pp. 26-34
Author(s):  
Elena V. Pokachalova ◽  
◽  
Marina V. Gudkova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Controversial Issues ◽  
Legal Capacity ◽  
Structural Elements ◽  
Legal Personality ◽  
Digital Currency ◽  
Monetary System ◽  
The Russian Federation

The article discusses controversial issues about the structural elements of the monetary system of the Russian Federation and the introduction of digital currency (digital ruble) as a new form of the Russian ruble and an innovative financial instrument. The problems of financial and legal regulation of digital currency and the resulting transformation of the legal personality of participants in financial relations are analyzed, proposals are made to improve domestic financial and related legislation and to determine the financial and legal status of digital currency in the state.

Part 1 Establishment of the Court: Institution de la Cour, Art.4 Legal status and powers of the Court/Régime et pouvoirs juridiques de la Cour

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
Legal Status ◽  
International Criminal ◽  
Criminal Court ◽  
Legal Capacity ◽  
State Party ◽  
Legal Personality ◽  
International Legal Personality

This chapter comments on Article 4 of the Rome Statute of the International Criminal Court. Article 4 is described as ‘an umbrella provision upon which agreement had been reached, establishing in generic terms the international legal personality of the Court and such functional legal capacity as might be necessary’. Consisting of two paragraphs, the article declares that the Court has ‘international legal personality’, and that the Court may exercise its functions and powers on the territory of any State Party, but only of course to the extent that these are authorized by the Statute itself.

Prawo do zawierania umów międzynarodowych przez Stolicę Apostolską

2021 ◽  
pp. 152-167
Author(s):  
Sławomir Majszyk
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Theoretical Consideration ◽  
Legal Capacity ◽  
Legal Personality ◽  
Holy See ◽  
Long Period ◽  
The Right ◽  
International Legal Personality

The Holy See is a specific (sui generis) subject of the international law. The acknowledgement of the international legal personality is related to the possession of legal capacity and the capacity of legal international proceedings. The Holy See is regarded as a sovereign subject of international law, which has its own rights and obligations concerning international relations. It has the right to send and receive the minister resident (ius legationis), to participate in conferences and to be member of international organizations (ius foederum), as well as the treaty making capacity (ius tractatuum). One of the principal formal contexts in which the question of international legal personality arises is the capacity to make treaties and agreements valid on the international legal plane. The ius tractatuum possessed by the Holy See is not only based on theoretical consideration of international law principles, but has also been amply attested to by the actual practice of states over a very long period.

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