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i n t e r nat i o na l l aw
will determine the scope and nature of personality. Personality involves
the examination of certain concepts within the law such as status, capac-
ity, competence, as well as the nature and extent of particular rights and
duties. The status of a particular entity may well be determinative of cer-
tain powers and obligations, while capacity will link together the status
of a person with particular rights and duties. The whole process operates
within the confines of the relevant legal system, which circumscribes per-
sonality, its nature and definition. This is especially true in international
law. A particular view adopted of the system will invariably reflect upon
the question of the identity and nature of international legal persons.
3
Personality in international law necessitates the consideration of the
interrelationship between rights and duties afforded under the interna-
tional system and capacity to enforce claims. One needs to have close
regard to the rules of international law in order to determine the precise
nature of the capacity of the entity in question. Certain preliminary is-
sues need to be faced. Does the personality of a particular claimant, for
instance, depend upon its possession of the capacity to enforce rights? In-
deed, is there any test of the nature of enforcement, or can even the most
restrictive form of operation on the international scene be sufficient? One
view suggests, for example, that while the quality of responsibility for vi-
olation of a rule usually co-exists with the quality of being able to enforce
a complaint against a breach in any legal person, it would be useful to
consider those possessing one of these qualities as indeed having juridical
personality.
4
Other writers, on the other hand, emphasise the crucial role
played by the element of enforceability of rights within the international
system.
5
However, a range of factors needs to be carefully examined before it
can be determined whether an entity has international personality and, if
so, what rights, duties and competences apply in the particular case. Per-
sonality is a relative phenomenon varying with the circumstances. One of
the distinguishing characteristics of contemporary international law has
been the wide range of participants. These include states, international
organisations, regional organisations, non-governmental organisations,
public companies, private companies and individuals. To these may be
added groups engaging in international terrorism. Not all such entities
3
See, for example, the Soviet view: G. I. Tunkin,
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