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Public International Law; Introduction

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Chapter Summary

This chapter concentrates upon the question of international personality, i.e. the capacity to act as a subject of public international law-in relations with States, other intergovernmental organizations (IGOs) and other self-governing communities. Many and most of the larger IGOs have express provisions in their constitutions and/or conventions on privileges and immunities and headquarters agreements for "legal personality", "legal capacity" or "juridical capacity". The actors in public international law are States and organizations of States. In order to establish the competence of an IGO to perform "sovereign" or international acts or to be subject of international rights and duties, it is not necessary to include-or to attempt to find-a provision in the constitution of the organization which expressly authorizes this or which by some method of extensive interpretation could be considered to imply such authorization.

Keywords:constitutional provisions; intergovernmental organizations (IGOs); international rights; legal personality; member states; national law; public international law; sovereign communities

10.1163/ej.9789004166998.i-606.58
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