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.

Outlines

00:00

📚 Introduction to Subjects of International Law

The script begins by introducing the concept of subjects of international law, emphasizing the lack of a uniform definition but a commonly accepted one that includes the capacity to possess rights, duties, and to bring international claims. It explains the criteria for being a subject, such as having international legal personality and the ability to maintain rights through customary methods like protest, negotiation, arbitration, and litigation. The primary subjects are sovereign states, which naturally meet these criteria. The script also introduces non-state subjects, such as international organizations, individuals, national liberation movements, and others, noting that the list is not fixed and is subject to debate.

05:00

🌐 Expanding the Scope of International Law Subjects

This paragraph delves into the evolving recognition of non-state subjects in international law. It discusses the increasing visibility of individuals in international law, particularly in human rights and international criminal law, and their direct access to courts. The script references the International Law Commission's survey that acknowledges individuals can have rights and obligations under international law. It also touches on groups of individuals, suggesting that traditional criteria for legal personality may be evolving to include the capacity to enter into international relations. The paragraph concludes by highlighting the significant roles of NGOs and multinational corporations in international law, even if their status as official subjects is still debated.

Keywords

💡Subjects of International Law

Subjects of International Law refers to entities that possess international rights and duties and have the capacity to bring international claims. This concept is central to the video's theme as it sets the stage for understanding who can engage in international legal relations. The video discusses various entities, including sovereign states, international organizations, individuals, and non-state actors, and evaluates their status as subjects of international law.

💡International Legal Personality

International Legal Personality denotes the recognition of an entity as a legal subject in the international legal system, capable of possessing rights and duties under international law. The video explains that sovereign states, as original and primary subjects of international law, possess this personality, which allows them to engage in international relations and claim rights and duties.

💡Capacity to Bring International Claims

Capacity to Bring International Claims refers to the ability of a subject of international law to seek remedies for violations of their rights through international legal processes. The video cites the International Court of Justice's definition, which includes the ability to use customary methods like protest, requests for inquiry, negotiation, arbitration, and litigation.

💡Sovereign States

Sovereign States are recognized as the original and primary subjects of international law. The video explains that they meet all criteria for being subjects of international law, including having international legal personality, rights, duties, and the capacity to bring international claims. Examples given include states' rights to self-defense and their duties to respect the sovereignty of other states.

💡International Organizations

International Organizations, such as the United Nations, are discussed as non-state subjects of international law. The video clarifies that while they are not states, they possess international legal personality and can have rights and duties distinct from states. They can also bring and face international claims, as seen in treaties signed by these organizations.

💡Individuals

Individuals are increasingly recognized as subjects of international law, particularly in the context of human rights and international criminal law. The video notes that individuals have rights, such as human rights and the right to a fair trial, and duties, such as the duty of a soldier to disobey unlawful orders. They also have the capacity to bring international claims, as demonstrated by access to courts like the European Court of Human Rights.

💡Non-State Subjects

Non-State Subjects encompass a range of entities that are not traditional sovereign states but are recognized or debated as having a role in international law. The video discusses various non-state actors, including national liberation movements, revolutionary groups, multinational corporations, NGOs, and terrorist groups, evaluating their status and capacity to engage in international legal relations.

💡National Liberation Movements

National Liberation Movements are groups that seek to establish a new state or free a territory from colonial or foreign domination. The video suggests that while their status as subjects of international law is debated, they may possess some capacity to enter into international relations, indicating a shift from traditional notions of international legal personality.

💡Multinational Corporations

Multinational Corporations are business entities that operate in multiple countries and are increasingly seen as influential in the international arena. The video notes that while not officially recognized as subjects of international law, they play a significant role and are encouraged to adopt responsible and sustainable policies, suggesting their practical impact on international legal frameworks.

💡Nongovernmental Organizations (NGOs)

Nongovernmental Organizations are non-state entities that operate independently of governments and often aim to influence policy or raise awareness on specific issues. The video discusses their role in international relations, noting that certain powerful NGOs can enter into international relations and affect lawmaking, despite not being officially recognized as subjects of international law.

Highlights

The lecture introduces the concept of subjects of international law.

A subject of international law is defined as an entity capable of possessing international rights and duties.

The capacity to bring international claims is a key aspect of being a subject of international law.

Sovereign states are the original and primary subjects of international law.

States have international legal personality, rights, duties, and the ability to bring claims.

The International Court of Justice provided criteria for the capacity to bring international claims in 1949.

International organizations, though not states, are recognized as subjects of international law.

The United Nations is an international person with the capacity to maintain its rights through international claims.

Individuals have become more visible in international law, particularly in human rights law.

Individuals can have direct rights under a treaty and can be bound by international law.

Individuals have the procedural capacity to turn to courts for international claims.

Groups of individuals, such as national liberation movements, may also be subjects of international law.

The traditional rule of legal personality is being redefined to include non-state actors.

Non-state subjects like NGOs and multinational corporations play significant roles in international law.

The capacity to enter into international relations is a criterion for non-state subjects of international law.

The lecture concludes by acknowledging the evolving nature of subjects in international law.

Transcripts

welcome to lexicon your visual guide to

public international law before we start

our lecture today think of this French

law applies to natural and legal persons

in France that's quite clear and by

analogy romanian law for example applies

to naturally no persons in romania

question that is more relevant for us is

what about international law

therefore the topic for today will be

subjects of international law let's

first define the notion what is a

subject of international law there is no

uniform definition but the most common

one is that a subject of international

law is a person or entity capable of

possessing international rights and

duties and having capacity to maintain

his rights by bringing international

claims if we divide that definition in

two elements first one is international

rights second international duties and

these two together form a notion of

legal personality and then the third is

the capacity to bring international

claims and while the first two elements

are relatively clear we still have to

establish what is that capacity to bring

international claims the International

Court of Justice in the 1949 case

reparation of injuries suffered in the

service of the United Nations provided

that the competence to bring an

international claim is the capacity to

resort to the customary methods

recognized by international law for the

establishment the preservation and the

settlement of claims and a couple of

examples that the court provides our

protest requests for an inquiry

negotiation as well as arbitration and

litigation but let's now get back to our

initial question what are the subjects

of international original and primary

subjects of international law are

sovereign states why is that because

they satisfy all criteria they have

international legal personality

rights and duties and they're capable of

bringing international claims but let me

give you some examples so the states are

recognized as legal entities they have

international rights such as the right

to self-defense they have international

obligations such as the duty to respect

sovereignty of other states and one

state can bring a claim against another

state for example and the International

Court of Justice there are state

subjects but then there are also

non-state subjects of international law

but the list is not set

it may include international

organizations individuals national

liberation movements revolutionary

groups multinational corporations NGOs

and so on let's examine them one by one

the International Court of Justice in

the same 1949 case reparation of

injuries said about whether the United

Nations is a subject of international

law the following the organization is an

international person that is not the

same thing as saying that it is a state

or that its legal personality and rights

and duties are the same as those of a

state it is a subject of international

law incapable of possessing

international rights and duties and it

has capacity to maintain its rights by

bringing international claims

international organizations are

recognized as legal entities their

international rights and obligations can

be found in treaties that are signed by

international organizations and they can

bring international claims and

international claims can also be brought

against them what about individuals

during the 20th century individuals

become more visible in international law

they become central focus of human

rights law as a separate discipline

individual criminal responsibility for

grave violations of international law

war crimes crimes against humanity is

being introduced and individuals finally

get direct access to courts does this

mean that individuals are subjects of

international law well in 1949 the

international law commissioned a body in

the United Nations has produced a survey

of international law and the following

can be found there there is nothing in

international law to prevent individuals

from acquiring directly rights under a

treaty

the obligations of international law

bind individuals directly regardless of

the law of their state so there are

international rights in duties present

and international legal personality a

number of international instruments have

recognized the procedural capacity of

the individual meaning that individuals

can turn to courts let's look closer so

individuals definitely have

international rights for example human

rights rights to life right a fair trial

they have international duties for

example a military during combat has a

duty to disobey a manifestly unlawful

order of the superior and individuals

are recognized holders of international

rights and duties meaning that they have

international Ingle personality

individuals also have the capacity to

bring international claims for example a

person can turn to the European Court of

Human Rights

now what about groups of individuals if

individuals are subjects of

international law then maybe groups of

individuals such as national liberation

movements revolutionary groups and other

non-state groups are also subject of

international law but here when we take

our checklist we're not that sure

whether such groups satisfy all criteria

and here it is relevant to look at

something that the international law

Commission has provided the

international legal personality of the

United Nations and of other

international organizations

call for a red finition of the

traditional rule Lingle personality is

no longer a postulate of scientific

doctrine it is accompanied by a

recognised contractual capacity in the

international sphere so maybe the old

checklist is not that relevant anymore

and we should bring a new criterion such

as the capacity to enter into

international relations but let's

proceed there are certain non-state

subjects that gained more recognition as

subjects of international law

such as international organizations

individuals and so on and there are

other subjects non-state subjects where

the scholars are still debating whether

they are indeed subjects of

international law such as NGOs

multinational corporations and terrorist

groups let's take some of them NGOs are

a way for individuals to communicate

with governments through nongovernmental

channels and certain powerful NGOs

indeed have the capacity to enter into

international relations and have an

effect on lawmaking

multinational corporations are also

quite relevant because large companies

today play a very important role on the

international arena and large businesses

are encouraged to adopt more responsible

and sustainable policies

thus we can come to the conclusion that

nongovernmental organizations and

multinational corporations although

they're not yet officially recognized

the subjects of international law indeed

play a very important role in

international law that was it for today

I thank you for your attention and I

hope this video has been useful and I

see you very soon