What is International Legal Personality?

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Recommended: Contrasting private and public International law

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.

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