Suchergebnisse

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.

Introduction : a Nordic approach to international law? / Astrid Kjeldgaard-Pedersen -- Nostalghia : a Nordic international law / Gregor Noll -- Diplomats, professors, and then some : notes for a history of international law in 20th century Finland / Martti Koskenniemi -- Dag Hammarskjöld and the "Ambetsmanna" approach to UN cooperation / Ove Bring -- Nordic judges of the Permanent Court of International Justice and the International Court of Justice / Astrid Kjeldgaard-Pedersen -- A Nordic approach to the interpretation of the European Convention on Human Rights? / Jens Elo Rytter -- Who cares about international law? : a study of how Scandinavian judges cite international law and courts / Marlene Wind -- The effect of the judgments of the ECtHR before the national courts--a Nordic approach? / David Thor Björgvinsson -- The implementation of the Rome Statute of the International Criminal Court in the Nordic countries : a new comprehensive criminalization of serious crimes / Thordis Ingadóttir -- In the line of fire : Denmark and law and legitimacy in 21st century war of choice / Anders Henriksen -- Communities of interest in the Nordic management of international watercourses / Julie Gjørtz Howden -- A Nordic approach to promoting women's rights within international law : internal v. external perspectives / Cecilia M. Bailliet-- Conspicuous absence and mistaken presence : a note on the ambiguous role of Scandinavian legal realism in Nordic approaches to international law / Jakob v.H. Holtermann

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 article was presented at the conference "A Nordic Approach to International Law?" held in Oslo in August 2015 as a part of a panel on "Nordic Judges of International Courts". It studies the Nordic judges of the Permanent Court of International Justice and its successor the International Court of Justice with a view to assessing whether common traits in their voting practice exist that might support the idea of 'a Nordic approach to international law'. In light of the relatively limited available material, however, the article has no grander aspiration than to describe the engagement of Nordic judges with the World Court and to provide examples of their respective approaches to treaty interpretation.

Why do scholars, who generally acknowledge the international legal personality of non-State entities, still question the bindingness of the law of non-international armed conflict on insurgents? This article examines the relationship between the two dominant positivist conceptions of international legal personality and the rights and obligations of insurgents as a matter of positive international law. First, the article illustrates that the evolution of the law of non-international armed conflict corroborates Hans Kelsen's idea that the international legal personality of an entity, be it a State, an armed opposition group, or an individual, is solely contingent upon interpretation of international norms. Second, it shows that the traditional perception of States as exclusive subjects of international law – though never reflected in positive norms governing non-international armed conflict – continues to influence the current debate on the theoretical underpinnings for binding insurgents. The orthodox 'States-only' conception of international legal personality is seemingly so ingrained in the minds of contemporary international lawyers that they inadvertently rely on it when faced with international legal regulation of non-State entities. Finally, the article addresses the implications of these findings for the overall question of international legal obligations of non-State actors.