The Concept of International Legal Personality: An Inquiry Into the History and Theory of International Law

ISBN-13: 9789067041836 / Angielski / Twarda / 2004 / 512 str.

Janne E. Nijman; Elisabeth Nijman

Opis

This book is the report of a journey. The reader is invited to join the author on a th trip in time and space. The trip takes its starting-point in 17 century Europe and th the as yet confused post-Thirty Years War society. After some stops in the 18 th and 19 century the author brings us to the post-World War I society which is as confused and is torn between ideals and despair. Then we make a stop in the post-World War II society when ideals seemingly have made place for trust in power but where we also get a glance of the fragile sapling of human rights law. And finally we pause in the post-Cold War world and try to cast a look into the future. What is the purpose of this journey, what is the author in search of? As is clear from the title it is the concept of International Legal Personality which for many will have a rather formal and positive law connotation. But the journey does not take us into the cabinets of Foreign Ministries or to conference-rooms or United Nations-buildings where the law is made nor to the court-rooms where the law is interpreted and modelled.

Spis treści

General Introduction.- Historical Introduction: Leibniz and the Emergence of the Concept of ILP.- Demystifying ILP: Brierly, Kelsen and Scelle.- Cold War Bi-Polarity: ILP Hanging in the Balance.- The Concept of ILP Today: The End of the Subject?.- Evaluation and Conclusions: ILP and Universal Justice — from Mask to Vocal Cords.