Personality and Statehood in International Law
Anyone can please elaborate the difference between Personality and Statehood in IL? Is Personality and Statehood are same as requirement to become a state or else?
Second please tell me about your understandings about - International Soft Law - Future of International Law Thanks in advance. |
international soft law, according to my best knowledge is a quasi law as compared to municipal law. because it is based on positive morality. while positive morality is subjective to every one. every body has its own standards of morality which causes this to be placed in the grey area. apart from this there is no world policeman, no sanctions and punishment for the violator of international law. so on the above basis it is called soft law
hope i will explain you in best manner |
statehood in international law mean according to Montevideo convention article 1 > the state comprises of these following things
1) population 2)territory 3)capacity 4)government and according to Oppenheim, 1)population 2)government 3)territory 4)sovereignty |
personality in international law means whose have rights and responsibilities, so states, individuals, international organization, and some non state actors are included in personality definition. it is a broad term as compared to statehood. in simple personality means who can sue or to be sued under international law.
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Thanks
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