Principle of International Legal Personality

The Paris Peace Accords, 1947 – Article 78 provides the basis and application of international legal entities within the framework of customary international law to everyone on (and off the earth): However, the emergence of international human rights law has changed the sanctity of State sovereignty and has imposed certain international obligations on States to respect, to protect and protect the human rights of all individuals within their territory. accomplish. In addition, international human rights law has established non-binding enforcement mechanisms (complaint procedures under the International Covenant on Civil and Political Rights), and regional human rights standards have gone further and established a strict enforcement mechanism of a human rights court capable of issuing legally binding judgments on whether or not a State has violated the European Convention on Human Rights. The treatment of persons in foreign territory has been regulated for decades by customary international law and conventions. These rules protect States` own citizens, when they are in a foreign territory, from the illegal acts of the foreign State. For example, if a citizen of country A lived and did business in the territory of State B and State B illegally confiscated the property and businesses of the citizen of country A, State A may hold State B liable under international law before the ICJ (see the Diallo case). Whether or not State A takes State B to the ICJ (or any other regional or international tribunal) depends entirely on State A, regardless of the wishes of the citizen. The rights associated with obtaining international legal personality include the right to conclude treaties, the right to immunity, the right to send and receive legations and the right to assert international claims for compensation for damages. [5] Those who have international legal personality may sue and be sued, may conclude contracts, incur debts and pay various taxes. [5] NGOs with personality may participate directly in international bodies and organizations established by laws and treaties.

You have the option to fund a cause instead of asking for funding for a cause. You even have certain legal rights and protections. [8] NGOs that are parties to the contract may file complaints of misconduct. NGOs with a personality may eventually obtain representative status in international councils and assemblies. [7] Some NGOs, such as Red Cross and Red Crescent Societies, have been granted rights that governments usually grant to IOs. [3] NGOs are not held back by things like political parties and re-elections, they are simply allowed to lobby for what they think is the best choice. This freedom is usually found only in NGOs. This freedom gives NGOs a kind of flexibility and efficiency that other international actors do not address. More energy will inevitably come from an NGO than from an IGO, because NGOs are voluntary commitments. [3] NGO members are committed to their cause and tend to work harder to get things done. [7] NGOs are also capable of acting outside the realm of sovereignty in ways that governments and their organizations cannot do. Once an NGO has reached consultative status, it can do even more.

Advisory NGOs may receive official documents, attend meetings of various councils, be consulted by a Secretary-General or committee, and participate in hearings in various ways. [8] What about the rights of individuals under international law? Can the individuals, John and Jane, have rights under international law and, moreover, seek justice if their rights are violated? International legal personality is an important aspect of international law that has evolved throughout history as a means of international representation and the ability to conclude treaties and initiate international judicial proceedings. The acquisition of personality comes with privileges and international rights and obligations. International legal personality is the inherent capacity of States and is made available to international organizations through basic legal acts (statutes or « constitutions ») or international conventions. In a landmark 1949 case, the International Court of Justice (ICJ) concluded that IOs, in this case the United Nations (UN), could indeed have international legal personality and thus rights and obligations under international law. The ICJ held that the international legal personality of the United Nations derives from the Charter of the United Nations and from the mandate and functions conferred on the Organization by the Organization, without which the United Nations would not be able to fulfil the tasks to which it is bound under the Charter of the United Nations.