Subjects of International Law

A subject of international law (also called an international

legal person) is a body or entity recognised or accepted as
being capable of exercising international rights and duties.
The main features of a subject of international law are:
> the ability to access international tribunals to claim or act
on rights conferred by international law;
> the ability to implement some or all of the obligations
imposed by international law; and
> to have the power to make agreements, such as treaties,
binding in international law;
> to enjoy some or all of the immunities from the jurisdiction
of the domestic courts of other States
.
Realistic Theory: States alone are subjects of International
Law

According to this theory, the States alone are subjects of

International Law and that individuals are not subjects.

This is a traditional theory

The International Court of Justice treats States, because

they are sovereign political entities, alone as subjects.

Corbett supports this theory

States are entitles who can be legally distinguished from

individual human beings who compose them.

States are subjects of International Law. Individual people

are objects of it.
 Individuals lack any judicial personality under
International Law because they do not have rights or duties
under it.
Criticism

This view has been criticized by various jurist because

this theory fails to explain the case of slaves and pirates.
Under international law slaves have been conferred upon
some rights by the states. In the same way pirates are
treated as Enemies of the mankind and they may be
punished for piracy by the state. The jurist who emphasis
that States alone are the subjects of international law, are
of the view that slaves and pirates are exception and are
objects of international law. It is argued that the treaties
which confer certain rights over the slave and pirates
impose certain obligations upon the states if there is no
search obligation of the states, the slaves cannot have any
rights under international law.

These characteristics are quoted in monteveado convention of

1933

Fictional

this theory is opposite to realist theory. According to it,

individuals only are the subjects of International Law like the
municipal law it is
so because states do not have soul and have no capacity to
form and express an autonomous will. They are abstract
structures acting through individuals kelsen is of the view that
rules of municipal law
as well as those of International Law are meant for human
beings. While the former is binding on them directly,the latter
is binding indirectly that is through states
theory is based on fiction that the rights and duties of the
states aare only duties and rights of those composing them
therefore it is ultimately individuals who are the subjects of
international law

Functional Theory: States, Individuals and certain non-state

entities are subjects of International Law

According to this, legal functionality is given to those

who have the capability to perform legal functions
internationally.

This is a modern theory and coordinates the prior two

theories.

Recent Conventions show that individuals are Subjects of

International Law. However, practically States are subjects
for a majority of issues. Cases are often decided on the basis
of States only and not on the basis of individuals.

The United Nations Organization is a juristic person and

not a State. It is often considered as a 'Super State'. Hence,
it is a subject of international law and capable of possessing
international rights and duties and it has the capacity to
maintain its rights by bringing international claims.

s
states

Introduction
(States are the primary subjects of International Law .
However, it is difficult to define the term 'state' since it may
have different meanings. In constitutional law, it may mean
something quite different from what it means in International
Law . It is therefore _difficult to lay down an appropriate
definition .
From the International Law pointof view, the term is relevant
because those communities which are not states, are excluded
from having capabilities in International Law . For the purpose
of International Law state may, therefore, be defined is a
society of men occupying a territory, the members of which are
-
Bound together by the tie of common subjection to a
government and which has capacity to enter into relations with
other entities,Any entity which possesses even the smallest
measure of these attributes may be termed a state.
(Montevideo Convention on thee .
Rights and Duties laid down ceretail qualifications of state

a permanent population, 2..a defined,territory, 3. a government, and

4.capacity to enter into
relations with other states