The Individual in the International Legal System: Continuity and Change in International Law (Cambridge Studies in International and Comparative Law, Series Number 75)

Kate Parlett's Study Of The Individual In The International Legal System Examines The Way In Which Individuals Have Come To Have A Certain Status In International Law, From The First Treaties Conferring Rights And Capacities On Individuals Through To The Present Day. The Analysis Cuts Across Fields Including Human Rights Law, International Investment Law, International Claims Processes, Humanitarian Law And International Criminal Law In Order To Draw Conclusions About Structural Change In The International Legal System. By Engaging With Much New Literature On Non-state Actors In International Law, She Seeks To Dispel Myths About State-centrism And The Direction In Which The International Legal System Continues To Evolve-- In The Relatively Open And Flexible International System Of The 21st Century, The Formal Status Of Entities May Seem To Have Little Significance. Whether An Individual Is A Direct Right-bearer Or An Indirect Beneficiary Of An Inter-state Obligation May Seem To Be A Distinction Without A Difference For The Operation Of The Primary Rules Of International Law: Either Way, The Individual Benefits From Some Substantive Right, Held Either Directly Or Through Its State Of Nationality. But When It Comes To The Operation Of Secondary Rules, The Distinction Assumes Practical Significance-- Part I : The Framework: Structures Of The International Legal System -- Part Ii : The Individual In International Law: The Individual And International Claims -- The Individual In International Humanitarian Law -- The Individual In International Criminal Law -- The Individual In International Human Rights Law -- Part Iii : Reassessing The Framework: Reflections On The Structures Of The International Legal System. Kate Parlett. Includes Bibliographical References (p. 373-393) And Index. Cover......Page 1 Half-title......Page 2 Title - Series......Page 3 Title......Page 4 Copyright......Page 5 Dedication......Page 6 Contents......Page 8 Foreword......Page 14 Acknowledgements......Page 16 Select list of abbreviations......Page 19 Table of cases......Page 21 Table of treaties......Page 34 Part I - The Framework......Page 44 1 - Structures of the international legal system......Page 46 Part II - The Individual in International Law......Page 88 2 - The individual and international claims......Page 90 3 - The individual in international humanitarian law......Page 219 4 - The individual in international criminal law......Page 272 5 - The individual in international human rights law......Page 321 Part III - Reassessing the Framework......Page 384 6 - Reflections on the structures of the international legal system......Page 386 Bibliography......Page 416 Index......Page 437 CAMBRIDGE STUDIES IN INTERNATIONAL AND COMPARATIVE LAW......Page 457 "Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve"-- Résumé de l'éditeur Kate Parlett's monograph on the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day, including very recent developments in human rights law and international investment law. It focusses on international claims processes, humanitarian law, international criminal law and human rights law and, reflecting on comprehensive analysis which cuts across all of these fields, draws conclusions about structural change in the international legal system. "In the relatively open and flexible international system of the 21st century, the formal status of entities may seem to have little significance. Whether an individual is a direct right-bearer or an indirect beneficiary of an inter-state obligation may seem to be a distinction without a difference for the operation of the primary rules of international law: either way, the individual benefits from some substantive right, held either directly or through its state of nationality. But when it comes to the operation of secondary rules, the distinction assumes practical significance"-- Provided by publisher With this generalised study of the development of the role of the individual in international law, Kate Parlett makes a significant contribution to current ideas about non-state actors in international law and provides a synthesised account of the individual in the international legal system in historical perspective.