Talk:International legal personality

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Confusion: International legal personality vs. internationally recognized nationality

I believe this text, which I have removed from the article, shows multiple massive misunderstandings of the subject it addresses. Anyone who believes it is supportable is cordially invited to workshop it here, greatly clarify any true thing they believe it says, show support for its reasoning, and cite it all up, before returning it to the article.

Historical approach: United Nations Nationals
[edit]

The Paris Peace Treaties, 1947 - Article 78 provides the basis and application of International Legal Personalities within Customary international law to each and every human being on (and off) Earth:

Article 78

"United Nations nationals" means individuals who are nationals of any of the United Nations, or corporations or associations organized under the laws of any of the United Nations, at the coming into force of the present Treaty, provided that the said individuals, corporations or associations also had this status on September 3, 1943, the date of the Armistice with Italy.

The term "United Nations nationals" also includes all individuals, corporations or associations which, under the laws in force in Italy during the war, have been treated as an enemy;

The application of International Legal Personalities upon all human beings is real and actionable as UN Nationals since 1947. In effect, the UN is the single global issuer of legal personalities for all Member-States. As the UN is the source, transfer of personalities between states becomes trivial. Moving a UN National called a Mexican into the United States is technically immaterial; as US Citizens are also UN Nationals equally. A US Citizen legal presence/instrument is merely a specialized UN National international legal personality. To a UN National, the border between countries is a trivial separation between UN economic zones.
The UN globalized all Member-States' personalities under one organization, a global government of governments. With all UN Member-States receiving their personalities from the UN, legally, there is only one single global government with one single global citizenship as the United Nations.
The full set of privileges (legally framed as "rights") for UN National International Legal Personalities is the UN Universal Declaration of Human Rights. This is important because, for instance, various countries Constitutions do not apply to UN Nationals except through the UN UDHR even within what people believe to be their own home country.
CERN's Code of Conduct is copyright by the International Monetary Fund (under the United Nations) and the CERN vehicle license plates ("CD") are issued under the Corps Diplomatique; This indicates that CERN also uses UN National International Legal Personalities for international recognition as well.

Among other points, as I understand it,

The Treaty of Peace with Italy, February 10, 1947, Article 78, defines "UN nationals" to mean nationals of UN members and certain nationals of Italy, so that Article 78 can briefly describe whose rights and property Italy is required to restore.
Most importantly: Nothing in that treaty article confers, or recognizes them as having, the capacity to enter into treaties, which is what "international legal personality" means and what this Wikipedia article is supposed to be about.
The phrase "as used in this Article," which precedes that definition in the treaty, means "UN national" is being defined as a convenient abbreviation, not as part of overthrowing and rewriting the entire world legal order.
Nothing in that treaty article makes the UN the fount of nationality. Quite the opposite: It relies on the countries to determine which individuals, corporations, and associations qualify.
Nothing in that treaty article overrides states' own laws which distinguish between their own nationals and other UN nationals.
Legal presence, legal instruments, and legal personality are three completely different things, so a statement that freely interchanges them is nonsense.

Those are not, by a long shot, all of the problems with this text, but they will do for a start. If more than half of them turn out to be defensible, I'd be willing to open up discussion on another batch. eritain (talk) 23:31, 22 June 2023 (UTC)[reply]

UN National is further referenced in Law of Peace vol 1 Dept of army pamphlet, 1979. UN Nationals are real and real world and how the system is designed and operated. If ppl don't like it, ppl don't get to just delete whole sections. 98.148.220.167 (talk) 03:13, 26 January 2024 (UTC)[reply]