The role of the international judiciary in developing theories of public international law (international legal personality as a model)
Keywords:
- international judiciary - legal personality - public international law - development - states - international organizations - the individual.Abstract
Abstract :The theory of international legal personality is one of the theories of public international law, which has developed under successive international judiciaries when considering many different international issues, It is what the international entity acquires and becomes qualified by acquiring international rights and acknowledging its obligations towards the international system and the rest of the international entities, The traditional international civil judiciary applied only to granting states an international personality to the exclusion of other entities, which considered that personality an absolute personality that was not limited by borders except by international commitment, thus completing the civil judiciary in its modern form in addition to the traditional judicial view. By granting international organizations a functional and limited personality that is derived from their goals and the charter that established them, without individuals, whose status remains within the national scope only, but the individual, with development, is accompanied by his acquisition of international rights stipulated in international agreements, his commitment to what is stated in the international system, and the possibility of him being exposed to international sanctions, which has become Like an international entity, and like the two previous international entities, the individual has an international personality, This was reinforced by what was stated in the criminal justice system in its traditional and modern forms, and accordingly, the international judiciary became the theorist for that character. Because of its effective role in many theories of international law.