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Personality

88 Citations•2019•
Rowan Nicholson
Statehood and the State-Like in International Law

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Abstract

The purpose of this chapter is to produce a definition of the concept of personality in international law. It also discusses the meaning of such concepts as norms, facts, rights, and other legal relations. It draws on, among other things, the work of WN Hohfeld. The chapter defines an international legal person as an entity that is constructed as a fact by norms of international law and to which such norms give at least one right or duty in Hohfeld’s sense. This departs from definitions that treat personality as a ‘capacity’. It emphasizes instead that personality is about conduct: international law regulates conduct by persons towards other persons.