The Influence of the Concept of International Legal Personality on the Drafting of the PCIJ Statute

Journal of the History of International Law, Vol. 16, 2014, pp. 9-25

22 Pages Posted: 23 Dec 2014

Date Written: April 30, 2013

Abstract

In 1920, when the Advisory Committee of Jurists was appointed by the Council of the League of Nations to be responsible for the development of a Permanent Court of International Justice (PCIJ), it was conventional wisdom among scholars that only states could possess international legal personality. It would therefore seem safe to assume that the limited role of individuals under the adopted Statute of the Permanent Court of International Justice (PCIJ Statute) was a direct result of the orthodox ‘states-only’ conception, which by definition barred individuals from being subjects of international law. But, as the present article aims to show, this assumption falls apart upon closer scrutiny of the discussions of the Advisory Committee of Jurists in relation to two separate issues involving individuals: 1) The procedural role of the individual before the Permanent Court of International Justice (PCIJ), and 2) the establishment of a High Court of International Justice with jurisdiction over international crimes. Rather than doctrinal quandaries relating to the concept of international legal personality, the conclusions of the vast majority of members of the Advisory Committee appear to have turned upon whether they perceived the particular issue to require a solution from international law, or whether they believed it could be adequately solved through domestic law.

Keywords: International Legal Personality, PCIJ, Individuals

Suggested Citation

Kjeldgaard-Pedersen, Astrid, The Influence of the Concept of International Legal Personality on the Drafting of the PCIJ Statute (April 30, 2013). Journal of the History of International Law, Vol. 16, 2014, pp. 9-25 , Available at SSRN: https://ssrn.com/abstract=2541655

Astrid Kjeldgaard-Pedersen (Contact Author)

University of Copenhagen - Faculty of Law ( email )

Karen Blixens Plads 16
Copenhagen, DK-2300
Denmark

HOME PAGE: http://jura.ku.dk/cilj/staff/?pure=en/persons/182315

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