Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-l7hp2 Total loading time: 0 Render date: 2024-11-25T10:51:34.611Z Has data issue: false hasContentIssue false

Part III - A framework for personality in international law

Published online by Cambridge University Press:  05 October 2010

Roland Portmann
Affiliation:
Swiss Ministry of Foreign Affairs and Universität St Gallen, Switzerland
Get access

Summary

In the preceding part, it has been demonstrated what original assumptions the conceptions of international personality are based on and how they were manifested as well as substantiated in legal practice. It is now possible, in line with the basic purpose of this book, to determine in Part III which assumptions are still to be considered legally sound today and which ones have been discarded in international law over time. It is argued that while the assumptions of the individualistic and formal conceptions are supported in international law today, those of the states-only, recognition and actor conceptions generally are not. It follows that personality in international law has to be allocated and understood according to a legal framework primarily informed by the individualistic and formal conceptions. In order to substantiate this contention, this Part starts with a short recapitulation of the main points enunciated in Part II and evaluates the original assumptions and substantiations articulated therein in light of the present international legal system (1). Subsequently, a legal frame of reference combining the formal and individualistic conception is outlined and briefly illustrated by applying it to the four legal issues enumerated at the outset of this book (2).

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2010

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×