Essay about What is International Legal Personality?

No Works Cited
Length: 1794 words (5.1 double-spaced pages)
Rating: Orange      
Open Document

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

It is of rudimental importance in order to consider whether an entity such as the Microsoft Corporation, the Palestinian entity and whether an individual accused of genocide are endowed with international legal personality and the extent to which it is. The evolution of public international law has led to entities other than states to be admitted recognition as subjects of international law, although states and state like entities have full legal personality, subjects of public international law other than state like entities have been given partial personality.

International legal personality may entitle a subject of international law in order to have the power to make international agreements, enjoy various privileges and immunities, bring legal claims to enforce international legal rights and be under certain international legal obligations. ‘Subjects’ of international law are defined in Reparation for Injuries Suffered in the Service of the United Nations [1949] ICJ Rep. 174, where the ICJ stated that “subjects of law in any legal system are not necessarily identical in their nature or in the extent of their rights, and their nature depends upon the needs of the community..” Under the long-established rule, subjects of international law are considered to be sovereign states, however, numerous International Governmental Organisations possess international legal personality for specific purposes, also individuals have been given delimited forms of of international legal personality.

The Palestinian Entity
International legal personality is a treasured outcome of the achievement of statehood, but how does a political entity such as the Palestine Liberation Organisation develop into a becoming a state? The test for st...

... middle of paper ...

...Developments of International Law in Treaty Making (2005) 537, at 541).

Although states are traditionally seen as the primary subjects of international law, as they have international legal personality which include rights and responsibilities, organisations such as the UN have been shown to possess duties and rights and have a distinct personality. This is also starting to be the case increasingly with MNCs as they have limited personality. Microsoft as a corporation is seemingly moving towards being treated as a subject of international law. Microsoft can bring proceedings against a State before the International Centre for Settlement of Investment disputes, and has the capacity to bring claims against a state. Microsoft has the capacity to dispute with international bodies, so they can be considered as a subject endowed with international legal personality.

Click the button above to view the complete essay, speech, term paper, or research paper

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

This essay is 100% guaranteed.

Title Length Color Rating  
Relevance of Public International Law in Human Rights Essay - Human rights seem to be one of the most current issues worldwide. Uncountable efforts have being made to assure the avoidance of violations and abuse of them during human history. However, it is not just until the end of World War II that joined efforts by most of the countries in the world were visible, being public international law one of the ways to . It could be said that public international law is one of those important efforts that promote the defence and implementation of human rights and help to its development....   [tags: International Politics, UN, Courts]
:: 6 Works Cited
1084 words
(3.1 pages)
Strong Essays [preview]
Dichotomy Between International Law and Domestic Law Essay - The key question addressed is the dichotomy between domestic and international laws and the reasoning of these disparities. This essay will also elucidate reasons that realist standpoint on international law are valid. Firstly, subjects of the law; generally the subjects of the international law are states which may hold and exercise rights while citizens are known as the subjects for the domestic law. Essentially, legal personality who has rights and duties under international law or national law should be taken into consideration....   [tags: misconduct, creations, sovereignty ]
:: 8 Works Cited
772 words
(2.2 pages)
Better Essays [preview]
International Human Resource Management Essay - ... In almost every country the laws applicable to the employment discrimination and sexual harassment is same, but in some instances the due to the religious and ethical differences employment discrimination may be an accepted practice (What is human resource web portal). Domestic versus international HRM We can highlight few important differences among the IHRM and the domestic HRM. According to what is human resource web portal IHRM addresses some extra activities than domestic HRM such as; international taxation, factors related to foreign currencies and exchange rates and advanced orientation activities for the internationally recruited new employees....   [tags: global strategy, multinational companies] 1500 words
(4.3 pages)
Powerful Essays [preview]
International Copyright Essay - The idea that an author of a literary work has certain inalienable rights to his work has been an institution found on a national level in many countries for centuries. These rights have taken on different forms depending on the legal tradition of the country where it is applied. In systems with a common law tradition, based on utilitarian ideals, the rights were referred to as copyright. In systems that relied on a civil law tradition, based on philosophical thought and the basic idea of a moral and natural order, the rights became to be known as author’s rights and later expanded to neighboring rights....   [tags: Intellectual Property Rights]
:: 7 Works Cited
2019 words
(5.8 pages)
Term Papers [preview]
International Law Essay - International Law International law is the body of legal rules that apply between sovereign states and such other entities as have been granted international personality (status acknowledged by the international community). The rules of international law are of a normative character, that is, they prescribe towards conduct, and are potentially designed for authoritative interpretation by an international judicial authority and by being capable of enforcement by the application of external sanctions....   [tags: essays research papers] 1664 words
(4.8 pages)
Strong Essays [preview]
Essay on Pre-Trial Procedures - Outline - Indigent Legal Services - Bail System - Plea Bargaining Indigent Legal Services The legal system accommodates both the rich and poor. Nevertheless, legal representation is not equally accessed. In some cases, lawyers ask more than $200 per hour making legal services to be out of reach for many. That is why the judicial system came up with sources of legal assistance for the indigents so that they can get legal representation. There are four main sources of legal services for this group....   [tags: Legal issues, legal system]
:: 8 Works Cited
1437 words
(4.1 pages)
Strong Essays [preview]
Essay Definition of Human Rights Across the Globe - Human rights is implicated as a worldwide significant right obtained by which an individual is genetically categorized as a human being. Thus, human rights are comprehended as a national and international right, claiming that each anthropomorphous being is considered an equal including equality for gender, race, and religion. These rights may be obtained by natural or legal authority, depending on territory, religion, national and international laws according to courts assuring that they are constructed in order to protect the freedom of every individual....   [tags: International Law, Government]
:: 5 Works Cited
1617 words
(4.6 pages)
Better Essays [preview]
Myers Briggs Personality Type Pros/Cons Essay - Assignment #4 - Myers Briggs Personality Type Pros/Cons During the power point on the Myers Briggs Type Indicator, as the instructor went through the different types of personalities, I was able to recognize which subcategories I fall into almost instantly. When my computer personality test results were returned, I was correct. As I read the type descriptions of Extroversion, Intuition, Feeling, and Judging- ENFJ- I quickly recognized myself within the descriptive words. The first subset of my personality is Extraversion, as opposed to Introversion....   [tags: Personality]
:: 7 Works Cited
688 words
(2 pages)
Better Essays [preview]
Essay about Understanding Personality Disorders - Description The Diagnostic and Statistical Manual of Mental Disorders (5th ed.; DSM-5, American Psychiatric Association, 2013) defines personality disorders as a pattern of internal experience and behavior that greatly differs from what is normally expected in the person’s culture. They are also considered omnipresent and inflexible that is stable and causes both distress and impairment. Antisocial personality disorder is a severe disorder of personality. It is a disorder that helps compromise the dramatic, emotional, or erratic disorders, also known as the Cluster B disorders....   [tags: Patient With Personality Disorder] 2161 words
(6.2 pages)
Strong Essays [preview]
Essay about American And Russian Conflict - The central moral problem of government has always been to strike a just and effective balance between freedom and authority. When freedom degenerates into anarchy, the human personality becomes subject to arbitrary, brutal, and capricious forces -- witness aberrations of terrorism in even the most humane societies. (Bauman, 1982)Yet when the demand for order overrides all other considerations, man becomes a means and not an end, a tool of impersonal machinery. Human rights are the very essence of a meaningful life, and human dignity is the ultimate purpose of civil governments....   [tags: WWII International Relations Russia USA War] 1248 words
(3.6 pages)
Strong Essays [preview]