Naslov
Some Remarks on the International Legal Personality of Individuals

Autori
Perišić, Petra

Izvornik
The Comparative and international law journal of Southern Africa (0010-4051) XLIX (2016), 2; 223-246

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
legal personality, individual, subject of international law

Sažetak
The paper analyzes the shift from the state- centric system of international law to the system in which other entities such as intergovernmental organizations, but also individual persons, enter the sphere of international legal personality. The main focus will be on the influence of the human rights development and the emergence of individual criminal responsibility on the international legal personality of an individual. In spite of the significant changes in the domain of international legal personality, the majority view is that individuals have not gained the status of international law subjects. This conclusion is based on the notion that individuals, by having rights and duties under international law, do acquire some kind of international legal personality in certain areas, but it is the states that make this possible. As much as this holds true, the growing role of an individual in international law should be properly acknowledged. Although individuals are not likely ever to become international law subjects identical to states, such identity is not necessary for their recognition as international law subjects, though their subjectivity is limited in comparison to that of states.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA