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The International Legal Personality of the Individual$
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Astrid Kjeldgaard-Pedersen

Print publication date: 2018

Print ISBN-13: 9780198820376

Published to Oxford Scholarship Online: September 2018

DOI: 10.1093/oso/9780198820376.001.0001

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The Personality of Individuals in Positive International Law—General Issues

The Personality of Individuals in Positive International Law—General Issues

(p.47) 3 The Personality of Individuals in Positive International Law—General Issues
The International Legal Personality of the Individual

Astrid Kjeldgaard-Pedersen

Oxford University Press

Chapter 3 examines a number of issues of general relevance to public international law. It first inquires why the overall issue of the applicability of international law to individuals was not long ago resolved once and for all. Focusing on treaty law, Section 3.1 analyses the work of the ILC pertaining to the application of treaties to individuals, and studies the few, controversial, rulings by the PCIJ and ICJ on this issue. With the example of the 1920 debate on the proposal for a High Court of International Justice, Section 3.2 studies individual obligations under customary international law. Section 3.3 considers the doctrine of diplomatic protection and its correlation to the notion of direct individual rights under international law. Finally, as an introduction to Chapters 4–8, Section 3.4 sketches out the considerations that are particularly relevant for the determination of treaty provisions as direct rights and obligations of individuals.

Keywords:   individual rights, direct rights, direct obligations, diplomatic protection, ILC, PCIJ, ICJ, treaty law, customary international law

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