Subjects of international law | LexIcon

Summary

This lecture explores the subjects of international law, defining them as entities with rights, duties, and the capacity to bring claims. It distinguishes between state and non-state subjects, with states being primary due to their inherent legal personality. The video delves into the evolving recognition of non-state actors like international organizations and individuals, highlighting their growing role in international law, including the direct rights and obligations of individuals and the potential subjectivity of groups and corporations.

Takeaways

• 📚 International law subjects are entities capable of possessing international rights and duties and having the capacity to maintain their rights through international claims.
• 🏛 The International Court of Justice defined the capacity to bring international claims as the ability to use customary methods recognized by international law, such as protests, requests for inquiry, negotiation, arbitration, and litigation.
• 👑 Sovereign states are the original and primary subjects of international law due to their international legal personality, rights, duties, and capacity to bring international claims.
• 🌐 Non-state subjects of international law include international organizations, individuals, national liberation movements, revolutionary groups, multinational corporations, NGOs, and more.
• 🏢 International organizations, like the United Nations, are recognized as international persons with legal personality and rights and duties distinct from states, and they can bring and face international claims.
• 👤 Individuals have become central to international law, especially in human rights law, and have direct access to courts for grave violations of international law, indicating they are subjects of international law.
• 📜 The 1949 survey by the International Law Commission suggested that individuals can acquire rights directly under treaties and are bound by international law obligations regardless of their state's law.
• 🤝 Groups of individuals, such as national liberation movements, may also be subjects of international law, but the criteria for this are still debated among scholars.
• 🔍 The traditional checklist for legal personality may no longer be sufficient, and new criteria like the capacity to enter into international relations are being considered.
• 🌟 NGOs and multinational corporations, though not officially recognized as subjects of international law, play significant roles in international relations and lawmaking.
• 🙏 The script concludes that non-state actors, even if their status as international law subjects is debated, are undeniably influential in the realm of international law.

Q & A

What is the most common definition of a subject of international law?

A subject of international law is a person or entity capable of possessing international rights and duties and having the capacity to maintain its rights by bringing international claims.

What are the two main elements that form the notion of legal personality in international law?

The two main elements are international rights and international duties.

What is the third element that, along with international rights and duties, defines a subject of international law?

The third element is the capacity to bring international claims.

How did the International Court of Justice define the capacity to bring an international claim in the 1949 case 'Reparation for Injuries'?

The capacity to bring an international claim is defined as the ability to resort to customary methods recognized by international law for the establishment, preservation, and settlement of claims, such as protest, requests for inquiry, negotiation, arbitration, and litigation.

Why are sovereign states considered primary subjects of international law?

Sovereign states are considered primary subjects of international law because they satisfy all criteria: they have international legal personality, rights and duties, and they are capable of bringing international claims.

What are some examples of non-state subjects of international law mentioned in the script?

Examples of non-state subjects of international law include international organizations, individuals, national liberation movements, revolutionary groups, multinational corporations, and NGOs.

According to the International Court of Justice, what is the difference between an international organization and a state in terms of legal personality?

An international organization is an international person but is not the same as a state, meaning its legal personality and rights and duties are not the same as those of a state.

How have individuals become more visible in international law during the 20th century?

Individuals have become more visible in international law through the central focus on human rights law, the introduction of individual criminal responsibility for grave violations of international law, and gaining direct access to courts.

What does the script suggest about the role of individuals in acquiring rights and obligations under international law?

The script suggests that individuals can acquire rights directly under a treaty, and the obligations of international law bind individuals directly, regardless of their state's law.

What is the significance of the procedural capacity of individuals in international law?

The procedural capacity of individuals is significant because it means that individuals can turn to courts to bring international claims, such as appealing to the European Court of Human Rights.

What is the current debate regarding the status of non-state groups like NGOs and multinational corporations in international law?

The debate revolves around whether such non-state groups satisfy all the criteria to be considered subjects of international law, with some arguing that their capacity to enter into international relations and influence lawmaking should be recognized.

How does the script suggest redefining the traditional rule of legal personality in the context of international organizations and other entities?

The script suggests that the traditional rule of legal personality should be redefined to include a recognized contractual capacity in the international sphere, which may be more relevant than the old checklist for determining subject status.