publication . Article . Research . 2017

legal personality as a fundamental concept of international law

Brölmann, C.; Nijman, J.;
Open Access
  • Published: 23 Apr 2017 Journal: SSRN Electronic Journal (eissn: 1556-5068, Copyright policy)
  • Publisher: Elsevier BV
  • Country: Netherlands
Abstract
Legal personality is generally understood as the capability to be - in traditional anthropomorphic terms - ‘the bearer of legal rights and obligations’. Legal personality is a structuring tool in legal systems, not least that of international law, as it indicates who are the participants. This paper considers the concept of ‘legal personality’ in two different roles, which are mutually constitutive. The concept works as an epistemic tool in theoretical reflections on the workings of international law, while at the same time it denotes a doctrinal category within the system of international law. Both functions are taken into account, with a concomitant shifting b...
Subjects
free text keywords: Law, Legal psychology, Legal person, Legal research, Legal realism, Legal profession, Empirical legal studies, International legal personality, Political science, Legal pluralism
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publication . Article . Research . 2017

legal personality as a fundamental concept of international law

Brölmann, C.; Nijman, J.;