Scientific Discussion on the International Legal Personality of National Legal Entities

Abstract

Despite the obvious influence of commercial companies, non-profit organizations, and transnational corporations on international relations, there are still debates in science about whether such entities can be bearers of international rights and obligations and whether they should be considered subjects of international law. The article analyzes two main approaches to the legal personality of legal entities – negative and positive. According to the first approach, the activity of private persons in international law is mediated by the state. Therefore, national legal entities can only be subjects of national or transnational law, but not international law. Followers of the second approach reject these arguments and believe that the modern international legal order provides legal entities with their own substantive and procedural rights. At the end of the article, a third approach is also studied, according to which the classical understanding of the subject of law does not reflect modern reality. In this case, legal entities should be viewed not as subjects of law, but as actors of the international legal system or entities sui generis. The author criticizes the negative attitude towards the international legal personality of national legal entities and concludes that today they must be considered as full-fledged participants in international legal relations, i. e. as subjects of international law