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37 St. Louis U. L.J. 323 (1992-1993)
The International Legal Personality of States: Problems and Solutions

handle is hein.journals/stlulj37 and id is 333 raw text is: THE INTERNATIONAL LEGAL PERSONALITY OF STATES: PROBLEMS AND SOLUTIONS OLEG I. TIUNOV I. THEORETICAL PROBLEMS CONCERNING INTERNATIONAL LEGAL PERSONALITY THE ability to possess and exercise rights and duties is called legal personality. A discussion of international legal personality must be grounded in a general theory of law. Accordingly, I propose that those subjected to laws are also the possessors of rights and the bearers of duties. A possessor of rights is one who can become a participant in legal relations or already takes part in them, i.e., has established rights and bears'duties. The concepts a possessor of rights and a participant in legal relationships coincide to a certain degree. Legal relationships cannot exist without participants. Possessors of rights are participants in legal relationships. The legal relationship is, at a minimum, the relationship between two subjects. It is a social relationship regulated by norms as expressed by law. By regulating various aspects of social life, the law gives rise to various legal relationships including international legal relationships. In the final analysis, the character of a particular legal relationship takes shape as a corresponding economic relationship. In connection with this, Karl Marx wrote that a legal relationship . . . cannot be understood in * Justice of the Constitutional Court of the Russian Federation. Justice Tiunov holds the degree of Doctor of Law and Juridicial Sciences and his specialties are state, international and constitutional law. Before ascending to the bench, he was Dean of the Law Department of Penn State University. Additionally, in 1990, he was elected as a People's Deputy of the Russian Soviet Federated Socialist Republic (RSFSR). During the First Congress of People's Deputies, he was chairman of the drafting committee for the Declaration of Sovereignty of Russia. The Justice also contributed to the draft laws on citizenship, foreign investments and international treaties. This Essay is based on a class lecture given to Soviet law students. Special thanks go to Timothy Finnigan, J.D. for his extensive efforts translating this work.

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