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Who or what is entitled to act on the international plane? Where should responsibility for violations of international law lie? What sort of entities are capable of possessing international legal rights? What is the status of individuals, minority groups, non-governmental bodies, international organisations and animals in the international legal order and how has their status shifted over time? "International Legal Personality" contains fourteen articles that address these and related questions. In historical and contemporary writings, international lawyers grapple with the nature of legal identity, and confront global distributions of authority and responsibility, as they explore who or what is a 'person' in the international legal order. These essays document the emergence of an international legal order increasingly conceived in terms of patterns and probabilities, rather than as the stagecraft of a small company of permanent players.
E-Book Content
International Legal Personality
The Library of Essays in International Law Series Editor: Robert McCorquodale Titles in the Series: International Law of Human Rights Michael K. Addo
Sources of International Law Martti Koskenniemi
International Law and Indigenous Peoples S. James Anaya
International Refugee Law He'Qne Lam bert
International Law and Islamic Law Mashood A. Baderin
Space Law Francis LyaN and Paul B. Larsen
The International Criminal Court Olympia Bekou and Robert Cryer
International Dispute Settlement Mary Ellen O'Connell
Non-State Actors and International Law Andrea Bianchi
International Crimes Nikos Passas
Democracy and International Law Richard Burchill
International Environmental Law Volumes I and I1 Paula M. Pevato
Law of the Sea Hugo Caminos The Law of Treaties Scott Davidson International Legal Personality Fleur Johns International Economic Regulation Jane Kelsey International Organizations Jan Klabbers
international Peacekeeping Boris Kondoch
State Responsibility in International Law Rene' Provost Jurisdiction in International Law Michael Reisman Title to Territory Malcolm N. Shaw The Nature of International Law Gerry Simpson Collective Security Law Nigel D. White
International Legal Personality
Edited by
Fleur Johns Faculty of Law, University of Sydney, Australia
ASHGATE
O Fleur Johns 2010. For copyright of individual articles please refer to the Acknowledgements. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. Wherever possible, these reprints are made from a copy of the original printing, but these can themselves be of very variable quality. Whilst the publisher has made every effort to ensure the quality of the reprint, some variability may inevitably remain. Published by Ashgate Publishing Limited Wey Court East Union Road Farnham Surrey GU9 7PT England Ashgate Publishing Company Suite 420 101 Cherry Street Burlington, VT 05401 -4405 USA Ashgate website: http://www.ashgate.com British Library Cataloguing in Publication Data International legal personality. - (The library of essays in international law) 1. Persons (International law) I. Series 11. Johns, Fleur. 341.2-dc22 Library of Congress Control Number: 2009924936 ISBN: 978-0-7546-2828-6
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Contents Acknowledgements Series Preface Introduction
PART I<