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  • Author or Editor: Catherine Brölmann x
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Edited by Catherine Brölmann and Yannick Radi

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Edited by Catherine Brölmann and Yannick Radi

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Catherine Brölmann and Yannick Radi

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Edited by Catherine Brölmann and Yannick Radi

The global landscape has changed profoundly over the past decades. As a result, the account of the making of international law based on the traditional theory of sources is increasingly challenged. This Handbook offers a comprehensive guide to the theory and practice of international law‐making today. It takes stock at both the conceptual and the empirical level of the instruments, processes, and actors involved in the making of international law. The book contains essays by leading scholars on key aspects of international law-making and on law-making in the main issue areas, with an interest in classic processes as well as new developments and shades of normativity.
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Catherine Brölmann and Janne Nijman

Legal personality is generally understood as the capability to be – in traditional anthropomorphic terms – ‘the bearer of legal rights and obligations’. Legal personality is a structuring tool in legal systems, not least that of international law, as it indicates who are the participants. This chapter considers the concept of ‘legal personality’ in two different roles, which are mutually constitutive. The concept works as an epistemic tool in theoretical reflections on the workings of international law, while at the same time it denotes a doctrinal category within the system of international law. The chapter takes both functions into account, with a concomitant shifting between levels of analysis, and a look also at the actual candidates for international legal personality which over time have emerged in different political contexts. The chapter discusses a sequence of moments in the development of the form and use of the concept that seem especially significant. While the chapter thus gives a diachronical account of the concept, the identified moments in its development are also continuing and coexisting aspects. For example, while it is true that an intense concern for the state as the sole legal person in international law came to the fore in the second half of the nineteenth century, the central position of the state is also an important element in today’s discourse on international legal personality.