Subject of International Law
What is subject of International
law?
Possessing the capacity to have and to
maintain certain rights, and being subject
States
• Art.1 of the Montevideo Conv. On Rights
and Duties of States 1933 :
– A Permanent population – A defined territory
– Government
• The Arbitration Commission of the
European Conference on Yugoslavia in
Opinion Nr. 1 :
The state is commonly defined as a
community which consists of a territory
and a population subject to an organized
• Permanent population :
– No specification of a minimum number of inhabitants exp. Nauru [12.000 inhabitants]
– Determined by nationality • Defined territory
– No necessity for defined and settled boundaries
Nauru : 8 square miles
– Consistency of a band of territory controlled by the government of the alleged state
• Government
– Indication of coherent political structure and society
– Two aspects :
• Internal the capacity to establish and maintain
law
• External independency at international level
• Capacity to enter into relations with other states : – Existence of a state
– Indication of recognition by other states
• Self determination
• Recognition willingness to deal with new
states as a member of int’l community – State fulfils the criteria of statehood
International Organizations
• Established by agreement with two or more
states
• Article 104 of the UN Charter
the
Reparation for injuries case
– The UN had international legal personality
Individuals
• The Polish – German Convention 1922
independent procedural status of individuals as claimants before an international agency even as against the State which they were nationals • The Permanent Court of International Justice,
Danzig Railway Officials Case 1925, Poland v. Danzig railway officials nothing in
international law to prevent individuals from
• Customary International Law obligations of
international law bind individuals directly regardless of the law of their State and of any contrary order received from their superior
• Nürnberg and Tokyo Military Tribunal :
“crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced”
- La Grand Case art. 36 par 1 (a) VC on
Insurgents and National Liberation
Movements
• Insurgency full scale war and vaguely to allow foreign
states a certain freedom to deal with internal war • National Liberation Movements or Belligerents
– anti government forces which have established a “government” and a military organization
– Controls a substantial area of the original state’s territory
– Capable of raising the level of warfare to that which may exist between States
The Holy See and Vatican City
The Holy See and Vatican City - II
• Today’s status :
– Has no permanent population apart of functionaries
– Exists to support the work of the Holy See – Italy carries out substantial administrative
regarding the city
– Party to international treaties
