Personality in International Law*

Hans Aufricht

American Political Science Review, 1943, vol. 37, issue 2, 217-243

Abstract: The overwhelming majority of writers on international law seem still inclined to advocate that states only be recognized as legal persons in international law. Since, however, neither the term “state” nor the term “legal personality” is unequivocal, it may well be questioned whether a conclusion reached by means of a mere combination of these terms is adequate to clarify the pertinent problems.Through constant repetition, the unqualified designation of the state as the only legal person in international law became seemingly self-evident. Yet it should not be overlooked that the concept of the state is much older than the description of the state in terms of legal personality, since the latter terminology does not appear before the middle of the seventeenth century. There seems to be general agreement that Thomas Hobbes originated the usage of speaking of the “state” as a “person,” when he proposed to define a “body politic” as “a multitude of men, united as one person by a common power.”

Date: 1943
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