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Persons (International law) --- Juristic persons (International law) --- International law

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Persons (International law) --- Personnes (Droit international)

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This is the first monograph to scrutinize the relationship between the concept of international legal personality as a theoretical construct and the position of the ultimate subject, the individual, as a matter of positive international law. By testing the four main theoretical conceptions of international legal personality against historical and existing norms of positive international law that regulate the conduct of individuals, the book argues that the common narrative in contemporary scholarship about the development of the role of the individual in the international legal system is flawed. Contrary to conventional wisdom, international law did not apply to states alone until World War II, only to transform during the second half of the 20th century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is - and always was - strictly empirical. 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 law and national law turns exclusively on whether the source of the norm in question is international or national in kind. 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 19th century, to influence the interpretation and application of 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.

Conflict of laws --- Juristic persons --- Persons (International law). --- Persons (International law) --- Personnes (droit international).

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"Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve"-- "In the relatively open and flexible international system of the 21st century, the formal status of entities may seem to have little significance. Whether an individual is a direct right-bearer or an indirect beneficiary of an inter-state obligation may seem to be a distinction without a difference for the operation of the primary rules of international law: either way, the individual benefits from some substantive right, held either directly or through its state of nationality. But when it comes to the operation of secondary rules, the distinction assumes practical significance"--

Persons (International law) --- Juristic persons (International law) --- International law --- Persons (International law). --- Natural persons in public international law --- Law --- General and Others

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Persons (International law). --- Grotius, Hugo, --- Vattel, Emer de,