Uluslararası Hukukta Kişilik Kavramı ve Uluslararası Örgütlerin Hukuki Kişiliğinin Sonuçları

Abstract

States and international organizations are regarded as the persons of international law nowadays. But in the first period of international law only states were recognized as an international legal person. The attribution of legal personality of international organizations eventuated in 20th century. Although individuals are not persons of intentional law, they have various rights and duties regarding to international criminal proceedings and human rights law. The effect of non-governmental organizations and multinational corporations has increased significantly in recent years. But these entities do not have international legal personality. International organizations have emerged with the increasing of commercial and economic interdependence between states in later of 19th century. Although international organizations are constituted by states, they have a separate legal personality. The legal personality of international organizations was recognized by the International Court of Justice in the Reparation for Injuries Opinion in 1949. The presence of international legal personality does mean that the international organization is capable of bearing rights and duties. These rights and duties are closely related with treaty-making power, international responsibility and privileges and immunities.