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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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