International Legal Personality: Panacea Or Pandemonium? Theorizing About the Individual and the State in the Era of GlobalizationWith news of human suffering flowing into the homes of the world on a daily basis, Man is more attuned than ever to the pitiful circumstances faced by many of his brethren. It is the professed goal of international law to serve Man, yet contemporary international legal theory construes Man as a legal non-entity resigned to languish forever in the shadow of the state. This book seeks to explore the future of international law in the contemporary context of globalization. In light of the newly developed 'interest based' theory of globalization, it becomes apparent that contemporary human societies will in the future no longer so readily tolerate a derivative international legal personality. The inflexible concept of 'state' is thus singled out as the main hindrance to the development of an international society which accords with the direction 'interest based' globalization is asking it to take. Thus it is seen that globalization as well as the core principles of legal science are militating for a system which privileges the wellbeing of Man above all else. Topical and refreshingly argued, this book will no doubt prove both fascinating and helpful to the layman and scholar alike. |
Common terms and phrases
abstraction aspect basic Bhalla Bluntschli Bluntschli's concept of international conceptions of ILP concern consider core definition of ILP Dreyfus affair Droit International effect elaborate entities essence of globalization essential existence foundation fundamental Groot Heilborn Ibid ICTY idea Individual in International Int'l interaction international actor International Humanitarian Law international legal personality international legal system international system International Tribunal John Westlake Journal of International Krishna-Hensel legal conceptions legal fiction legal order Legal rules Liemt locus standi logic Malanczuk Man's Man’s survival Mankind meaning of legal Menon merely Mittelman modern international law motivations municipal law natural law naturalist non-state actors note 9 Nouvelles Tendances Personality of Individuals perspective Philosophy of Law political position positivist international law positivist notions practical present principle problem purpose of law reality Resolution 827 role Schermers scholars Schreuer Security Council society state-centric international status supra note survival and wellbeing theoretical Third Republic UN Charter understanding United Nations Whilst