International Law

International Law

Legal personality
Legal personality is defined by ability of international entities to enter in legal interactions and can claim its rights in front of international law. Generally only states can have absolute legal personality, but there are some cases when even IGOs, companies and individuals can present their claim to international courts. Such kind of personality can be called as relative legal personality. For example, IGOs have some power and capabilities in order to perform their work and enforce it under international law. NGOs also do not make agreements and they do not become a part of an existing treaty and respectively they gain just limited or relative legal personality. Individuals are not subjects, but objects of international law, because of this they have very far limited legal personality. Insurgence, we people who are parties to a civil war but don’t confuse them with terrorists because they are supported by a particular number of people. If they violate human rights, they would be accountable as a legal person in front of international law. Minorities, are groups of people numerically inferior to the rest of population and whose ethnic-linguistic or religious characteristics differ. Indigenous people, are those who have historical continuity, direct attribution to territory. In some cases they are also protected legally by international law.
Ultra-virus action, is an action when an IGO pass its sphere of activity that is defined by its founding agreement.
Supranational organization has a structure in which member-states delegate partially their sovereignty to upper institutions. For example if there is a conflict between EU’s law and member-state’s law, EU’s legislation will prevail. Such case can be refers to monism.
Exhaustion of Domestic Remedies is a claim of an individual in front of int. law but after if it consumed all available means of judiciary and all levels of courts in his or her home-state.
Jurisdiction...

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