Tuesday, September 10, 2019

International Personality Essay Example | Topics and Well Written Essays - 1250 words

International Personality - Essay Example This is legal systems that regulate action by states. Sine 1945 the international legal system has been used in the world to arbitrate different conflicts and to bring conflicting sides to the table. The UN has played a pivotal role in the development of an internal legal system. However the principle subject that has been emphasized on the international law has been states rather than individuals. Individual have been placed under the municipal law. The international court of Justice had acknowledged in the repartition case which types of the international personality other than the statehood could be in existence which has seen an expansion of the subjects of the international law. But apart from the mention states, there have also been concerns that personality is also possessed by other bodies like international organization and human beings. The non-governmental organization and national liberation movement are also showing a great possession of international personality. (Nijman 2004, p. 2) In right to this we can therefore see that international personality is therefore bench marked on the power that is given to the entity. If the entity does not have the power to force the power that has been granted under the international laws, therefore it cannot be said to be an international person. This is the reason why the definition of an internal individual may not be the same as the normal definition since it will be referring to a specific entity rather those specific human beings. This means that the international community is taken as a being made up of "persons" who posses powers to act on behalf of the international community. This definition hence takes in the factors of power that is granted to the specific individual to implement the powers for the international community. While in our normal definition we may be referring to specific humans, the international community recognizes the states alone. But the non-governmental organization has also been given the same power of recognition in the international community as states. While the international law clearly defines an international person as "an entity that has the capacity to bear legal rights and duties under the international law" non governmental organizations have been able to bear the foresaid legal right and duties. (Greig 1996, p. 32) International organizations are also given legal

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.