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. Paris Peace Treaties, 1947 – Article 78 provides the basis and application of international legal entities under customary international law to everyone on (and off) earth: The acquisition of international legal personality is often an objective of international actors. By acquiring personality, they gain recognition in the international legal community. The personality of an international actor depends entirely on the recognition of the State. Legal personality may determine the rights of actors as well as their position before the courts. Since personality is given by States, it goes without saying that international actors are only effective if States allow it. [3] Without the consent of states, other actors have no real rights or capabilities on the international stage. One question that critics of the effectiveness of legal personality ask is whether «personality contains an inherent legal capacity to act». [4] Personality is a concept with many grey areas, but must be understood in order to understand the effectiveness or ineffectiveness of international actors. The entities to which personality can be given and which are therefore subjects of international law are those which are capable of acting on the international scene. [5] Entities applying for international legal personality include corporations, corporations, sovereign states, international organizations and individuals.

[6] These bodies should have legal powers, the ability to exercise their powers effectively, and permanent associations with states. [6] The UN has globalized the personalities of all member states under a single organization, a world government of governments. Since all UN member states receive their personality from the UN, legally speaking, there is only one world government with a single global citizenship like the United Nations. The set of privileges (legally referred to as «rights») for the national international legal entities of the United Nations is the United Nations Universal Declaration of Human Rights. This is important because, for example, the constitutions of various countries do not apply to UN nationals, except through the UN UDHR, even within what people consider their own homeland. With globalization, however, international law and international relations have rapidly developed with increasing complexity: new technologies have made the world smaller and more interconnected, new global threats have emerged that could not be combated without the cooperation of states, new actors have appeared on the international forum such as various IOs and NSAs. International law has been strongly influenced by these developments and changes in international relations, with States no longer being the only actors on the international scene and therefore no longer the only subjects of international law. After World War II, the Security Council established two ad hoc international tribunals to try war crimes committed during the war. The Nuremberg and Tokyo tribunals have confirmed that, in certain circumstances, individuals may have legal personality under international law and may have the capacity to have rights and obligations directly under international law, in particular humanitarian and human rights law. For the first time in the history of international law, individuals have been held responsible for international crimes such as war crimes and crimes against humanity, which are prohibited by customary international law as well as several international conventions. However, the emergence of international human rights law has altered the sanctity of state sovereignty and imposed certain international obligations on states to respect, protect and fulfil the human rights of all people on their territory. 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.

After summarizing some key events in the history of international human rights law before the Second World War, Chapter 7 focuses on a landmark example in the field of international human rights law, namely the European Convention on Human Rights (ECHR). Section 7.2 again addresses three key issues. First, section 7.2.1 describes the evolution of the procedural status of individuals before the European Court of Human Rights (ECHR) and assesses the role of the concept of international legal personality in this regard. Section 7.2.2 examines the Court`s practice in interpreting the ECHR, including the doctrine of discretion. Finally, Section 7.2.3 analyses the practice of the ECtHR with regard to the place of the Convention in the international legal order. 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. The CERN Code of Conduct is protected by the copyright of the International Monetary Fund (under the auspices of the United Nations) and CERN license plates («CDs») are issued by the Diplomatic Corps; This indicates that CERN also uses the national international legal entities of the United Nations for international recognition. At the beginning of the 18th century, only sovereign states were considered legitimate under international law and therefore the only units under international law.

As such, states were (and largely are) the all-powerful creators of international law, which in turn primarily concerned states and their international behavior. Individuals, international organisations (IOs) and other non-state actors (NSAs) are not relevant to international law because they do not have an international legal personality which is a prerequisite for the capacity to have international rights and/or obligations. 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] International law is based on rules issued by states for states. States are sovereign and equal in their relations and can therefore voluntarily create legally binding rules or agree to abide by them, usually in the form of a treaty or convention. By signing and ratifying treaties, States willingly establish legal and contractual relations with other States parties to a particular treaty, compliance with which is normally governed by the interactions of non-compliance. The ability of States to establish such relations with other States and to create legally binding rules for themselves derives from the international legal personality of States, a prerogative enjoyed by all sovereign States.