LLB141 Lecture Notes - Lecture 9: International Criminal Court, Refugee Law, Legal Personality
Document Summary
Legal personality: a legal category under which entities may be assigned various combinations of legal rights, duties, powers, obligations and capacities. In a domestic system, entities possessing legal personality include individual, corporations, pertnerships, associations, government agencies. Nature of legal personality is not the same for all entities - different entities will possess different rights and responsibilities. States are subjects" and objects" of international law: Create international law through making treaties and creating customary international law. Receive rights, responsibilities and liabilities (recall doctrine of state responsibility) States can bring complaints against other states to the international court of justice and other international courts/tribunals. States take enforcement action under international law, eg through the un security. Corporate entities may also acquire rights under international law, and states may have obligations with respect to corporations. Individuals have no direct participation in the creation of international law. Individuals can be granted rights under international law. Eg international human rights law; refugee law.
