International legal personality in public and private law: problems of theory and practice

At the present stage of the development of international relations, an important aspect is the specification of the rights and obligations of the subjects of international law, which are elements of international legal personality, which is subject to multifaceted study. The research of its problematic elements is fundamental to improving the rules of international law in general and domestic law in particular. The work aims to study and identify problems of theory and practice of international legal personality in public law. The object of research is international legal personality in public law. The subject of the research is problematic aspects of the theory and practice of international legal personality in public law. The following methods were used in the study: observation, historical method, method of analysis, comparison, generalization, the system method, method of analysis of normative documents. As a result of the research, the institute of international legal personality, in general, was analyzed, its peculiarities and problematic aspects were determined.

The Prospects for the Recognition of the International Legal Personality of Artificial Intelligence

This research aims to identify the prospects for recognizing the international legal personality of artificial intelligence, taking into account the practice of international organizations. The article describes a new idea based on the research of the existing practice of international organizations and the application of the author’s concept of international legal personality of legal entities, enabling the identification of the main directions of recognizing the international legal personality of artificial intelligence. Using the problematic-theoretical, formal-legal, logical, systemic-structural methods and methods of synthesis, analysis, and comparison, the author revealed two solutions to the problem of recognizing the international legal personality of artificial intelligence. The first way to resolve the problem is that states may grant the legal entity rights to artificial intelligence, gradually developing an international custom. The second way is that states may conclude that artificial intelligence will be granted a legal entity’s rights or sui generis by participating in discussions organized by various international organizations. The results of the study can be used for international unification.

Problems of qualification of the Georgian-Ossetian conflict in the context of the process of federalization of the Russian Republic of 1917-1922.

Автор статьи выявляет неверную квалификацию так называемого грузино-осетинского конфликта, вызванную ошибочной исторической интерпретацией международной правосубъектности сторон конфликта. На основании метода исторко-правового анализа документов и норм национального и международного права в настоящей статье описывается факт вхождения единой Осетии в состав РСФСР в 1921 году. На основании этого факта в статье рассматривается правосубъектность двух суверенных государств (ГССР и РСФСР) в контексте правомочности их юрисдикции на территории Осетии, для политико-правового анализа ответственности каждого из них за нарушение целостности Осетии и этнического суверенитета осетин. В силу неделимого качества этнического суверенитета осетин, она путем самоопределения могла быть передана только одному федеративному государству – Российской Федерации. Автор статьи квалифицирует конфликт как грузино-российский, что открывает совершенно новый подход к урегулированию конфликта посредством переноса его на открытый равносторонний международный уровень. Investigating the problems of the so-called Georgian-South Ossetian confl ict, the author of the article revealed an incorrect qualifi cation of the confl ict caused by an erroneous historical interpretation of the international legal personality of the parties to the confl ict.Based on the method of historical and legal analysis of documents and norms of national and international law, this article reveals the fact of the entry of united Ossetia into the RSFSR in 1921. Based on this fact, the article examines the legal personality of two sovereign states (the SSR of Georgia and the RSFSR) in the context of the legitimacy of their jurisdiction on the territory of Ossetia, for a political and legal analysis of the responsibility of each of them for violating the integrity of Ossetia and the ethnic sovereignty of the Ossetians. Due to the indivisible quality of the ethnic sovereignty of the Ossetians, it could be transferred by self – determination to only one federal state-the Russian Federation. Due to this fact, and the impeccable international legal personality of Georgia and Russia as actual members of the UN, the author of the article qualifi es the confl ict as Georgian-Russian, which opens up a completely new approach to resolving the confl ict by transferring it to an open equilateral international level.

5. Personality, statehood, and recognition

This chapter examines the meaning of international legal personality and the range of actors that possess such personality; namely, States, international organizations, individuals, multinational corporations, and several other non-State actors. Given the centrality of States, the criteria for statehood are analysed, and both traditional and contemporary criteria are discussed. Article 1 of the 1933 Montevideo Convention is used for assessment of whether an entity satisfies these criteria, which include: permanent population, a defined territory, government, capacity to enter into foreign relations, and the relevance of human rights. Competing theories regarding the role of recognition by third States as an element of statehood are also considered. Equally, the rights and duties of non-State actors are analysed in terms of capacity conferred upon them under international law.

Damage in International Law: Precondition For State and International Organization Responsibility?

The first chapter of the paper elaborates the question of whether one of the constitutive elements of the internationally wrongful act and a precondition for responsibility could be embodied in an existence of damage that has to be inflicted upon participants with international legal personality. In this regards legal doctrine, the arbitral awards, international judgments as well as the works of the UN International Law Commission will be examined, particularly the Draft Articles on Responsibility of States for Internationally Wrongful Acts and the Draft Articles on the Responsibility of International Organisations from 2001 and 2011, respectively. An interesting question could be raised concerning the terms used in Law on Responsibility and that is whether there is a difference between damage, injury, and unlawful consequence. Punitive or penal damage and its application in Law on Responsibility will be further assessed. The author will begin its research with the definition of punitive damage, and will further take into consideration international legal doctrine, international arbitral awards, judicial decisions of international courts, decisions of various claims commissions as well as norms of general international law in supporting his hypothesis that international law does not entail reparations for punitive damages. One of the aims of this paper is to indicate the question of whether the existence of punitive damages in international law, if any, be linked to a legal nature of State and international organization responsibility, in the sense that application of punitive damages in international law would support the thesis on the very existence of criminal responsibility of the named subjects of international law? It is interesting to note that the criminal responsibility of states has been abandoned by the removal of Article 19 in the final Draft Articles on Responsibility of States.

International legal personality of Russian lands during the period of feudal fragmentation of the state (XII–XVI centuries)

The article deals with the issues of determining the international status of Russian lands during the period of feudal fragmentation of the state in the XII XVI centuries. The author notes that with the collapse of the old Russian state, in the feudal period, has not stopped international relations between the Russian lands, which allowed to keep the identity of the Russian people. Surrounded by states hostile to Russia, the Russian states acted as subjects of international law, conducted a fairly active foreign policy, and concluded treaties both within their own ethnic group and within their own state.

Prawo do zawierania umów międzynarodowych przez Stolicę Apostolską

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.

Sanctioning International Terrorist Organizations (ITOs): The Changing Paradigm of International Legal Personality?

Este trabajo aborda el problema de la así llamada “guerra contra el terrorismo”, las sanciones de la ONU y la posible responsabilidad penal internacional de las organizaciones terroristas internacionales (OTI), y la influencia de las mismas en el concepto contemporáneo de “personalidad jurídica internacional”. De este modo, las OTI, como destinatarios de las normas jurídicas internacionales que incriminan el terrorismo y las sanciones por ese delito, adquieren algún tipo de capacidad jurídica internacional que podría llevar a su personalidad jurídica internacional.

Personality and Powers of the EU

This chapter provides an overview of the questions pertaining to the international legal personality and external powers of the Union. It presents and analyses the seminal judgments of the extensive case law of the Court of Justice on the external powers of the Union that span almost fifty years. It thereby explains the distinction between the existence and nature of external powers of the EU as well as the doctrine of implied external powers. Starting from ERTA and Opinion 1/76, the chapter brings together this case law, discusses its latest codification in the EU Treaties with the Treaty of Lisbon, and how this has been interpreted by the Court in its judgments and Opinions. Lastly, a section is dedicated to the recently highly contested question whether the Union may exercise external powers in areas of shared competence. Answering in the affirmative, the Court further clarified the relationship between Articles 3(2) and 216(1) TFEU.