文章基本信息

标题：Relative International Legal Personality of Non-State Actors
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作者：Worster, William Thomas
期刊名称：Brooklyn Journal of International Law
印刷版ISSN：0740-4824
出版年度：2016
卷号：42
期号：1
页码：207
出版社：Brooklyn Law School
摘要：Non-state actors are increasingly being considered international legal persons on a case-by-case basis. This articles argues that the common thread in making decisions on whether to treat a non-state actor as an international legal person is one of the function that the actor is playing in relation to other international actors. Gone is the traditional notion that only states are international legal persons, and it is now well accepted that international organizations are also persons. More controversial is the status of self-determination peoples, National Liberation Movements, indigenous peoples, insurgents, belligerents, combatants, private corporations, non-governmental organizations, religious organizations, and individuals. This article undertakes a survey of practice regarding these actors and the practice shows that they are sometimes considered international legal persons and sometimes not. While it is tempting to demand that they enjoy consistent, objective status, practice does not support this outcome. Instead, these actors are treated as international legal persons for certain functions, and only for those functions, perhaps also only in relation to other actors where that function is relevant. Thus, international legal personality for non-state actors is relative and functional.
关键词：Non-state actors; erga omnes; international legal persons; International Court of Justice (ICJ); United Nations (U.N.); Charter of the United Nations; National Liberation Movements (NLM); non-governmental organizations (NGO); international rights; nonrecognition; international organizations; jus cogens; ex injuria; Reparations; multilateral treaties; Organization for Security and Co-operation in Europe (OSCE); European Union (EU); Conferences of States Parties; international agreements; treaty obligations; international personality; Palestinian Liberation Organization (PLO); Vienna Convention on the Law of Treaties; indigenous people; human rights; International Committee of the Red Cross (ICRC); International Law Commission; Bank for International Settlements; U.N. Economic and Social Council (ECOSOC); The Holy See; Ismaili Imamat; Aga Khan