European foreign policy without legal personality?
In: The international spectator: a quarterly journal of the Istituto Affari Internazionali, Italy, Band 43, Heft 4, S. 157-167
ISSN: 0393-2729
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In: The international spectator: a quarterly journal of the Istituto Affari Internazionali, Italy, Band 43, Heft 4, S. 157-167
ISSN: 0393-2729
World Affairs Online
In: The Normative Position of International Non-Governmental Organizations under International Law, S. 306-309
In: Problemy zakonnosti: zbirnyk naukovych pracʹ = Problems of legality, Heft 162, S. 218-238
ISSN: 2414-990X
The article examines the legal nature and content of legal subjectivity of international migrants using the cutting-edge methodology of international legal personology. The relevance of the research topic is the need to apply the personology methodology to the study of the personal component of the international legal system, especially in the context of Russian aggression which poses a threat to the lives of Ukrainian refugees. The purpose of the article is to determine the legal nature and content of international migration legal personality of a person using the latest methodology of international legal personology. The methodological basis of the study is an interdisciplinary and comprehensive approach which made it possible to formulate the conceptual framework of international migration legal personality of a person with due regard for the modern doctrine and practice of international law. The work uses a number of general theoretical and special scientific methods: objectivity; dialectical; historical and legal; formal and logical; special legal; systemic and structural; comparative legal; sociological; the person-centered method was developed by the author specifically for the study of the problems of the subject of law in general and the subject of international law in particular. It posits that the 1948 mistranslation of the traditional legal concept of "legal personality" (person before the law) as "legal subjectivity" in Article 6 of the Universal Declaration of Human Rights has had negative methodological consequences for domestic studies of personative legal reality. In their research, the scholars typically focused on the legal status, rights and duties of the legal subject rather than legal personality per se. The study of specific qualitative traits of legal personality (such as personative capacity, under the umbrella term of "legal capacity", or negative capacity, in the narrow framework of criminal capacity) has been fragmentary, sporadic, and categorically vague. Only when legal personology cohered as an academic approach did it became possible to use an adequate person-centric methodology to study the personative element of any legal system. A personological analysis of the traditional concept of "legal capacity" identified three aspects: 1) normative: the capacity of a social actor to bear a legal status, possess rights and duties (normative capacity before the law); 2) personative: the capacity of a social actor to be a subject of law, a legal personality, a bearer of a personative legal form of a physical, legal or sovereign person (personative capacity before the law); 3) communicative: the capacity of a social actor to take part in legal communications, to be a party of legal relations (communicative capacity before the law). Further personological study of international migration law found that a person bears all the features of an international legal personality that possesses the corresponding sectoral personative capacity and active capacity at the universal, regional, and particular level. Meanwhile, a significant number of environmental (climate), anthropogenic and political migrants remain outside the purview of international legal regulation at the universal level, where they are conventionally referred to by the rather restrictive term "refugee". At the regional and especially at the bilateral level, there is a risk that the generally recognised rights and fundamental freedoms of forced migrants during accelerated readmission, which underscores the necessity of academic scrutiny of this relatively new institution of international migration law.
In: Studia diplomatica: Brussels journal of international relations, Band 60, Heft 1, S. 233-243
ISSN: 0770-2965
Explores the European Union's legal personality, highlighting the uncertainty characterizing it given the ambiguity of treaty texts & contradictions arising from a lack of consensus on formal recognition of that personality. After showing that the treaties establishing the EU did not explicitly cite a legal personality, discussed is the implicit conferment of a legal personality to the EU in international public law via the precedent set by International Court of Justice regarding the United Nations. Limits set by international public law on the legal personality of international organizations are examined before looking at the EU's practice in international relations, which is manifest in treaty-making power & the active & passive right of legation. Given the implicit nature of the EU's legal personality, formal recognition of it is advocated. D. Edelman
This monograph traces the intellectual history of the international legal personality of individuals. It demonstrates how many international lawyers still rely on the idea that states are the only subjects of international law, whereas practice shows that the question of the international legal rights and duties of any entity is strictly empirical.
This monograph traces the intellectual history of the international legal personality of individuals. It demonstrates how many international lawyers still rely on the idea that states are the only subjects of international law, whereas practice shows that the question of the international legal rights and duties of any entity is strictly empirical.
In: Australian Yearbook of International Law, Band 34, S. 149-189
SSRN
In: The International Legal Personality of the Individual, Astrid Kjeldgaard-Pedersen, Oxford Press, 2018
SSRN
In: The Australian yearbook of international law, Band 34, Heft 1, S. 149-189
ISSN: 2666-0229
peer-reviewed ; In the harsh economic conditions which prevail, increases in bad debts and difficulties in securing payment are common experiences for many. Financial difficulties resulting in poor payment conditions can affect any of your clients. Many legislative measures have been enacted which seek to prevent the "phoenix syndrome" but restriction and disqualification orders do not ensure your client is paid. Another phenomenon is the "scorched earth" problem identified by the McDowell Report1, where the extent of insolvency is such that the appointment of a liquidator is highly unlikely for monetary reasons, but remedies are nonetheless required. So the provisions of, inter alia, section 251 of the Companies Act, 1990 (CA,1990) are worthy of recall. ; ACCEPTED ; peer-reviewed
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In: Trust Funds under International Law, S. 113-167
In: The British yearbook of international law, Band 82, Heft 1, S. 546-549
ISSN: 2044-9437
In: Nordisk tidsskrift for international ret, Band 53, Heft 4, S. 3-8
ISSN: 1875-2934, 1571-8107
In: Nordisk tidsskrift for international ret, Band 53, Heft 1-2, S. 3-8
ISSN: 1875-2934, 1571-8107