The international law principle of international legal personality is closely interlinked with the previously discussed principle of sovereignty. While both principles imply a degree of autonomy under international law, international legal personality is particularly concerned with actor status on the international plane and the possession of international rights and duties. Given the centrality of this principle, its capacity to accommodate an international rights of nature approach is crucial to determining the potential legal standing of nature in international law. This chapter begins by outlining the meaning, scope and historical development of international legal personality, revealing the principle’s inherently ambiguous and contested nature. In line of this ambiguity, the chapter then examines five distinct conceptions of international legal personality and assesses their compatibility with an international rights of nature approach. It argues that a more open, participation-based understanding of international legal personality is best suited to include non-human entities, such as nature, as international legal actors and to respond effectively to the evolving realities and normative needs of the international legal system.

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International Legal Personality

  • Helen Arling

摘要

The international law principle of international legal personality is closely interlinked with the previously discussed principle of sovereignty. While both principles imply a degree of autonomy under international law, international legal personality is particularly concerned with actor status on the international plane and the possession of international rights and duties. Given the centrality of this principle, its capacity to accommodate an international rights of nature approach is crucial to determining the potential legal standing of nature in international law. This chapter begins by outlining the meaning, scope and historical development of international legal personality, revealing the principle’s inherently ambiguous and contested nature. In line of this ambiguity, the chapter then examines five distinct conceptions of international legal personality and assesses their compatibility with an international rights of nature approach. It argues that a more open, participation-based understanding of international legal personality is best suited to include non-human entities, such as nature, as international legal actors and to respond effectively to the evolving realities and normative needs of the international legal system.