Izvorni znanstveni članak
Non-Governmental Entities on the Doorstep of “Subjectivity” in International Law - a Path to New International Law?
Davorin Lapaš
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
International relations and international law, which regulates it, are a dynamic category both in terms of content and of its subjects. The classical concept of subjectivity in international law has for centuries been shaped by international legal doctrine with regard to the state - the most important creator and addressee of international norms. However, increasingly intensive technological development has made it possible for individuals to take active part in international relations, both through the protection of their fundamental and other rights (particularly in relation to the state) through international law instruments, and through the possibilities of connecting and taking cross-border action even without the involvement of the state. This has given rise to the establishment of international non-governmental organisations, which are now present in the international community in every area of international co-operation, inevitably sharing common interests with the state (but also with other generally accepted subjects of international law). Their presence in international relations can hardly be ignored and, consequently, international law increasingly addresses such entities, allocating them certain subjective rights and obligations, but also laying the foundations for their direct international responsibility. The fact that provisions of international law now address non-governmental organisations actually means that they are accorded legal capacity and sometimes capacity to act. Seeing as legal capacity is a prerequisite for legal personality, in all systems including the system of international law, such non-governmental entities are on the doorstep of subjectivity in international law, serving as a reminder to international law doctrine that it is legal entities that take part in relations regulated by the law.
Ključne riječi
personality/subjectivity in international law; non-governmental entities; international non-governmental organisations
Hrčak ID:
100074
URI
Datum izdavanja:
28.12.2012.
Posjeta: 2.098 *