ABSTRACT

The ability to possess and exercise rights and duties is called legal personality. In reality, international law is not super-governmental, but law created by states themselves, that is, intergovernmental. The chapter presents a discussion of international legal personality grounded in a general theory of law. It proposes that those subjected to laws are also the possessors of rights and the bearers of duties. A possessor of rights is one who can become a participant in legal relations or already takes part in them. The concepts "a possessor of rights" and "a participant in legal relationships" coincide to a certain degree. Possessors of rights are participants in legal relationships. Several theoretical problems demand resolution when considering the list of potential subjects of international law. There is also the problem of international legal personality for states with a specific status, and also as a component part of government.