Chapter

International Legal Personality

Anthony Carty

in Philosophy of International Law

Published by Edinburgh University Press

Published in print March 2007 | ISBN: 9780748622559
Published online March 2012 | e-ISBN: 9780748652525 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748622559.003.0003
International Legal Personality

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This chapter explores international legal discourse on legal personality, particularly the dialectic between territorial sovereignty and the right of peoples to self-determination. These clashes reproduce the very basic conflict between the classical and the romantic concepts of meaning outlined by Bartelson. Indeed, the phenomenology of subjective, individual meaning, which is opened up by the language of self-determination, begins to provide a way into a phenomenology of international relations. At the same time, it is recognised that the language of the state, as the mechanism for identifying legally significant customary law practice, still produces a circular reaffirmation of territorial integrity and precludes change. Indeed, the concern of the positive, international legal system with order means, historically, that it has no legal theory of personality, but merely addresses tasks to entities which precede it. There follows a doctrinal study of the implications of the classical and romantic interpretations of personality for the state and nation as competing subjects of international law, to show the impasse between the two paradigms of personality, which have yet to be superseded.

Keywords: international legal discourse; territorial sovereignty; self-determination; meaning; international relations; personality

Chapter.  13458 words. 

Subjects: Social and Political Philosophy

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