Introduction
International Law also known as (public international law or law of the nations) refers to the body of legal rules, norms and standards that apply between sovereign states and other entities that are legally recognized as international actors. The term “international law” was coined by the famous British philosopher who pointed out that the relations between individuals are regulated by the domestic laws and the decision of one of the domestic courts of one of the states subjects, in which the transaction was made.
Subjects of International Law Introduction
Subjects of International Law may be defined as those persons or entities who have international personality. In relation to international law, only States were recognized as subjects in the 19th century. After the Second World War, even more, new actors appeared in the International legal systems like the intergovernmental organizations formed by States, non governmental organizations formed by individuals, multinationals and even individuals (i.e., natural persons). These can now be considered as having to a large or sometimes moderate extent and therefore these are the best options. in a limited extend the ability to become international persons.
According to Dixon
According to Dixon, a subject of international law is an individual, legal person or legal entity that is recognized or recognized as possessing and able to exercise rights and obligations under international law.
An entity is a subject of international law if it has “personality under international law”. This means they can exercise their rights and ensure that others are in a position to fulfill such obligations. The various subjects play different roles. For instance, individuals could have such rights as protection from torture, whereas states have an obligation to ensure they do not torture anybody or send anyone to a place where torture is likely. Diplomats representing their home country have special protections such as immunity from foreign courts.
Theories Regarding Subjects of International Law
Here’s a brief overview of the theories regarding subjects of international law:
1: Realistic Theory : Realist theory assumes that only states are subjects of international law. This means that the rules of international law are mainly oriented on the actions and obligations of the state. Nevertheless, this idea has recently been challenged. This is according to scholars like Oppenheim who noted that while state remains the major player, other participants also enjoy rights and or are bound by duties under international law. Modern international law practice is more and more based on the subjectivity of the individual and non-state entities by attributing them specific roles and subjects of the international law..
2: Fictional Theory : assumes that individuals are the true subjects of international law. According to Professor Kelson, the rights and responsibilities of states are in fact those of the individuals who constitute them. Although this theory is logically correct, international practice is still primarily focused on states. However, modern contracts grant rights and impose obligations directly on individuals. While the International Court of Justice (ICJ) traditionally only recognizes states as contracting parties, other international agreements are beginning to recognize the direct role of individuals in international law.
3: Functional Theory : The functional theory states that international law no longer applies only to states. This includes international organizations and other non-governmental organizations. This view goes beyond earlier ideas and is considered more practical for several reasons.
a) Individual Rights: Modern treaties such as the International Covenant on Human Rights give certain rights and obligations to individuals.
b) Protection of Prisoners of War: The 1949 Geneva Convention gives special rights to prisoners of war.
c) Obligations against Genocide: The 1948 Genocide Convention obliges individuals to prevent and combat genocide.
c) International Organizations: Organizations such as the United Nations (UN) are recognized
as subjects of international law. The International Court of Justice has confirmed that the UN has rights and obligations and can act to protect these rights.
d) International Criminal Law: In many international treaties, and especially regimes like the 1961 Narcotic Drugs Convention, the individual’s obligations relate to international crimes..
Subjects of International Law
1: States: There has been a tendency to treat states mostly as subjects of international law. The reason for this is that they are sovereign states and have legal personality in the international arena. Sovereignty refers to the fact that every state is at the top of every authority except other states and it has peoples within his jurisdiction States have several important attributes that make them subject to international law:
a) Legal personality: States are granted international legal personality, which allows them to conclude treaties, establish diplomatic relations and participate in international organizations.
b )Rights and Obligations: States have rights under international law, such as the right of self-defense and sovereignty over their territory. These also have rights, including a guarantee not to interfere into the internal affairs of other states and a compliance with international laws and treaties..
c ) Responsibility and Accountability: There are cases where the states can be liable for cases of international law contraventions such as human rights abuses and laws pertaining to war. They can also be victims of international legal measures, including courts like the International Court of Justice (ICJ) that enforce international laws.
2: International Organizations
There are International bodies like United Nations, European Union, and World Trade Organization which are formed under treaties or agreements of the Nations.. These organizations have their own legal personality that is distinct from the legal personality of their member states and play an important role in the international legal system.
a) Legal personality: International organizations have legal personality, which allows them to enter into agreements, establish offices, and other international exchange facilities.
b ) Rights and responsibilities: These organizations have rights as well as duties that allow them to fulfill their mandates . As in the case of the UN, there is a right to the obligations of the preservation of international peace and security, and there is also a responsibility of the active promotion of human rights. They also have the authority to undertake legal remedies and resolve any issues that may arise between countries or between a country and other entities.
c) Functional Roles: International organizations are often created with certain operational-oriented functions, such as: encouraging country-to-country contact and collaboration; providing relief assistance; governing business activities on an international level etc. Their function can affect governance and international relations.
3 : Individuals : The individuals as the subjects of international law have become very relevant especially in the area of human rights and international criminal law. For one thing, international law has traditionally been state centered, but now the attachment of rights and obligations to the individual person is also applied.
a) Human Rights: People as individuals are within international legal jurisdiction forming basis of any international treaties like the International covenant on civil and political rights (ICCPR) and the convention on elimination of all discrimination against women (CEDAW).These accords require countries to safeguard and advance the rights of people and allows the people to pursue justice within the terms set by law.
b )International Criminal Law: Individuals can be held criminally responsible under international law for serious crimes such as genocide, war crimes, and crimes against humanity. Institutions such as the International Criminal Court (ICC) prosecute individuals for these crimes, reflects the more pronounced tendencies of individual criminal responsibility in international law..
c )International humanitarian law: Struggle for people’s rights, even during wars. People such as soldiers and others who are not parties to a conflict have rights according to international humanitarian law that affords such persons protection from war.
4 : Non-Governmental Organizations
Non-State actors such as Multinational Corporations and Non-Governmental Organizations are also positively recognized under the International law, however their recognition with the rights is much less than what is experienced with the states and international bodies..
a )Multinational Corporations: The multinational corporations encompasses many companies with international markets and are quite influential in investment and trade policies.. They are subject to international regulations such as trade practices and environmental standards. Although they do not have full legal personality under international law, they are often bound by international agreements and can be held accountable for their actions, especially in areas such as human rights and environmental protection.
b )Non-Governmental Organizations: b) Non-Governmental Organisations: Other important areas in which NGOs operate include lobbying at the international level, disaster relief and development assistance. Although they are not recognized as countries or international organizations, they actively participate in international relations and negotiations and can influence the political decision-making process. NGOs contribute to the implementation and monitoring of international treaties and agreements, especially in areas such as human rights and environmental protection.
Conclusion
The subject of international law has changed over the years and nowadays it involves many more participants. Nevertheless, states still continue to be the main bearers and fulfillers of the obligations of the international law. The respective international organization have also formed their legal personality and are now very much involved in international relations. People as as opposed to states or governments have been recognized in due process and liberalist ideas of rights especially in human rights as well as in international criminal justice. International actors involve multinational corporations, non-governmental organizations such as the ngos as they also take part in policy and practice making. It is not unprecedented that there is this more general approach to the international legal affairs as the dynamics of the international community and the further formation of the international legal frameworks’ continue to proceed.