The legal personality of subjects of international law implies subordination directly to global norms. It manifests itself in the presence of relevant duties and legal capabilities. These categories, in turn, are determined by ordinary and contractual rules. Let us consider in more detail the concept of international legal personality .
General information
Primary subjects of international legal norms are considered to be the bearers of the respective duties and legal capabilities due to their sovereignty. He makes them independent, predetermines their participation in relations arising on the world stage. It is worth saying that there are no norms in accordance with which the international legal personality of peoples and nations arises. There are only provisions by which it is confirmed from the moment of its appearance. In other words, the international legal personality of peoples and nations is not under the influence of anyone's will. By its nature, it has an objective character.
Signs of the participants
International legal personality arises in collective entities. Each of them has elements of organization. For example, the state has a management apparatus and exercises power, the population of a territory advocating its independence is a political body that represents it both inside and on the world stage. In the exercise of their powers, the parties to the relationship have relative autonomy and are not subordinate to each other. Each entity has its own international legal status. They enter into a relationship on their own behalf. At the same time, international legal personality allows you to participate in the development and adoption of standards that extend their effect to the world community. A key element in the implementation of this legal opportunity is legal capacity. Subjects are not just addressees of international law, but also participants in its formation.
Explanations
International legal personality takes place only if all the signs mentioned above are present:
- Possession of obligations and legal capabilities arising from international standards.
- Existence in the form of collective education.
- Direct participation in the creation of standards.
According to lawyers, in the absence of any one of these signs, it is impossible to talk about the presence of international legal personality in the exact meaning of the concept. The main opportunities and responsibilities characterize the general status of all participants in relations on the world stage. The responsibility and rights vested in certain entities (international organizations, countries, etc.) form special statuses for this category. The complex of legal opportunities and responsibilities of a particular participant forms an individual position on the world stage. Accordingly, the legal status of different entities is not the same. This is due to the different scope of the rules that apply to them, and the range of relationships to which they may be involved.
International legal personality of states
Countries act as the main participants in relations on the world stage. Their international legal personality arises from the direct fact of their existence. In any country there is a management apparatus, authorities. States occupy certain territories in which the population resides. The key feature of the country is sovereignty. It is a legal expression of independence, the independence of the state, equality in interaction with other powers.
Sovereignty
It has international legal and domestic aspects. The first means that in the international arena, as a participant in relations, it is not a government agency or an individual, but the whole country. The internal aspect reflects the territorial supremacy, the political independence of power in the territory and beyond. The basis of the international legal status of a state includes legal opportunities and obligations. The 1970 Declaration sets out the range of requirements for countries. In particular, each state is obliged to observe the norms of world law, to respect the sovereignty of other powers. Sovereignty also implies that no obligation can be imputed to a country without its consent.
International legal personality of nations
It has an objective nature, that is, it exists regardless of anyone's will. In accordance with the norms in force in the world, the population of any territory is guaranteed the right to self-determination, free choice and development of socio-political status. The principle of self-determination of one's path acts as a key normative provision.
With the adoption of the UN Charter, the international legal personality of the people was finally established as a legally formalized category. It was concretized by the Declaration on the Granting of Sovereignty to Colonial Countries of 1960. In modern law, there are norms that confirm the legal personality of nations fighting for independence. They are protected by the world community, and can use coercive measures against those forces that create obstacles to gaining sovereignty. Meanwhile, the use of these mechanisms does not act as the sole and main manifestation of legal personality. Only a community that has its own political organization that exercises power is recognized as a participant in relations on the world stage. In other words, there must be a pre-state form: the front of the people, the population in the controlled territory, the rudiments of governing bodies, and so on.
Self determination
At present, the development of nations that have freely established political status is being discussed. In modern conditions, the principle of the right to self-determination requires harmonization with other norms. In particular, we are talking about respect for sovereignty and non-interference in the internal affairs of other parties to the relationship. A nation that fights for independence comes into interaction with other countries and peoples. Entering into a specific relationship, she receives additional legal opportunities and protection.
Special category of participants
The legal personality of international organizations deserves special attention. In particular, this refers to intergovernmental associations. They represent communities created by the primary participants in world relations. Non-governmental organizations are usually established by citizens and legal entities. They are considered as public associations “with a foreign element”. Their charters are not international treaties. At the same time, non-governmental associations may be given special status in intergovernmental communities. An example, in particular, is the UN. Thus, the Inter-Parliamentary Union is endowed with the status of the first category in the Social and Economic Council of Organizations of HE. Non-governmental associations, however, cannot participate in the creation of the norm. Accordingly, they do not have full international legal personality.
Sources
The legal personality of international organizations arises from their constituent documentation. Its composition includes charters. They are accepted and approved in the form of an international treaty. Derivative participants in relations on the world stage are endowed with a limited range of legal opportunities and responsibilities. Such a “partial” international legal personality is determined by their recognition by the original parties to the interactions.
Legal Opportunities for Associations
International intergovernmental organizations are entitled to:
- Participate in the development and adoption of standards.
- Through their bodies, to exercise certain powers related, including to the adoption of decisions binding on them.
- Use privileges and immunities granted both to the organization as a whole and to its individual employees.
- Consider conflicts between participants, and in some cases with countries not involved in a dispute.
Charter
It defines the purpose of the organization, provides for the formation of a specific management structure, formulates the limit of competence. The presence of permanent organs ensures the independence of the will of the association. International communities participate in interactions with other entities on their own behalf. All associations are charged with complying with global standards. The activities of regional communities should be consistent with the principles and goals of the UN. Intergovernmental associations are not endowed with sovereignty. They are formed by independent countries, in accordance with the norms of world law, are endowed with a certain competence, the limits of which are fixed in the constituent documentation.