Danilo Türk Book Presentation

The second chapter deals with the subjects (persons) of international law. The importance of states as the primary subjects of international law remains central. Sovereign states continue to define the system of international law, either directly or through international organizations. They continue to enjoy fundamental rights (the right to existence, the right to sovereignty, the right to international communication and the right to enjoy respect). While the rules of international law governing the recognition of states and state succession were developed in recent decades, they have not changed fundamentally.Thus new states need to be established effectively within their territories. Their recognition might include other criteria (such as respect for fundamental human rights and peaceful settlement of disputes) but still rests on the criterion of effectiveness of statehood. The emergence of a state can be a lengthy process, ultimately dependent on the ability of the people concerned to effectively establish their state. The end of the 20th century also witnessed an expansion of the practice of international administration of territories which possess a degree of international legal personality and are in some cases states in statu nascendi. However, the growing number of such cases does not give rise to a single model or type of international status. The second chapter also provides the basic characteristics of such aspects of international personality as the permanent neutrality of states, the special status of the Holy See and the essential elements of the international personality of international organizations. The third chapter addresses the situation of the individual in international law. It focuses on two major aspects: the international protection of human rights and the international criminal responsibility of the individual. It lays out the main characteristics of the international system of the protection of human rights – both at the level of the United Nations and within the relevant regional organizations. While this system has become a major feature in the contemporary international law, and has clearly established the individual as an object of international legal obligations, it cannot yet be concluded that it has made the individual a subject of international law. The individual has gained important procedural mechanisms which allow for bringing his/her complaints to international fora, but the overall evolution

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