Introduction – Subjects of International Law
The concept of subjects of international law lies at the heart of understanding how international law operates. A subject of law is any entity capable of possessing rights and duties under that legal system and having the capacity to enforce those rights and duties through legal processes.
In the early stages of international law, only sovereign states were considered subjects. However, with the evolution of international relations, new entities like international organizations, individuals, multinational corporations, and non-state actors have gained recognition as partial or full subjects.
The development of this idea signifies the transition of international law from being state-centric to human-centric and institutionalized.
1. Meaning and Definition
- Oppenheim defines subjects of international law as “entities that possess international personality, that is, the capacity to have rights and duties under international law.”
- Starke notes that the subject of international law is one “endowed with international legal personality capable of making claims before international tribunals.”
Thus, being a subject means having international legal personality, including:
- The capacity to enter into relations with other international persons.
- The capacity to bear rights and obligations under international law.
- The capacity to bring or defend international claims.
2. Types of Subjects of International Law
Traditionally, only states were considered as full subjects. However, the modern international legal system recognizes several categories of subjects:
A. States
States remain the primary and most important subjects of international law. They are independent entities possessing sovereign equality and territorial jurisdiction.
Attributes of Statehood (Montevideo Convention, 1933)
According to Article 1 of the Montevideo Convention, a state should possess:
- A permanent population,
- A defined territory,
- A government, and
- The capacity to enter into relations with other states.
Rights of States:
- Right to sovereignty and equality.
- Right to territorial integrity and non-interference.
- Right to self-defense under Article 51 of the UN Charter.
Duties of States:
- Obligation to respect international law.
- Duty not to use force against the territorial integrity or political independence of another state.
- Obligation to settle disputes peacefully.
Case Law:
- Reparation for Injuries Suffered in the Service of the United Nations (1949) – ICJ Link
The ICJ reaffirmed that states are the original subjects of international law, but also recognized that new entities could possess international personality. - North Sea Continental Shelf Cases (1969) – ICJ Link
Established principles on sovereign rights over natural resources under customary law.
B. International Organizations
International organizations have emerged as derivative subjects of international law. Their personality is functional and limited to the objectives defined in their founding treaties or charters.
Examples:
- United Nations (UN)
- World Health Organization (WHO)
- International Labour Organization (ILO)
- World Trade Organization (WTO)
Legal Personality:
The ICJ in Reparation for Injuries Case (1949) held that the UN has international legal personality distinct from that of its member states. It can enter into treaties, own property, and bring international claims.
Scope of Personality:
- Derived from constituent treaties (e.g., UN Charter).
- Limited to their functions and purposes.
- Can enjoy immunities and privileges under international conventions (e.g., Convention on Privileges and Immunities of the United Nations, 1946).
C. Individuals
Historically, individuals were considered objects, not subjects, of international law. However, this view has drastically changed with the rise of human rights and international criminal law.
Today, individuals can:
- Be directly subject to international duties, and
- Enjoy international rights (especially under human rights treaties).
International Duties of Individuals:
- Prohibition of genocide, war crimes, and crimes against humanity.
- Accountability under international criminal law.
International Rights of Individuals:
- Right to life, liberty, and equality under the Universal Declaration of Human Rights (UDHR, 1948).
- Right to appeal to international tribunals such as the European Court of Human Rights (ECHR) or International Criminal Court (ICC).
Case Laws:
- Nuremberg Trials (1945–46) – Individuals were held criminally responsible for war crimes, rejecting the defense of “state orders.”
- Prosecutor v. Tadić (1995), ICTY – ICTY Link
Recognized that individuals can incur international criminal responsibility. - Pinochet Case (1999) – House of Lords Link
Held that former heads of state could be prosecuted for crimes against humanity.
D. Non-Governmental Organizations (NGOs)
NGOs such as Amnesty International, Greenpeace, and Human Rights Watch have become powerful international actors.
They are not full subjects but are recognized as partial subjects because they:
- Participate in international conferences,
- Influence policy-making,
- Engage with UN bodies (e.g., ECOSOC consultative status).
Their personality is limited and depends on recognition and cooperation by states and international organizations.
E. Multinational Corporations (MNCs)
Multinational corporations, due to their economic power and global operations, play a major role in international relations. They are considered limited subjects of international law.
Legal Status:
- Governed primarily by bilateral investment treaties (BITs) and international arbitration mechanisms such as ICSID (International Centre for Settlement of Investment Disputes).
- May be held accountable under international human rights frameworks.
Example:
- Texaco Overseas Petroleum Co. v. Libya (1977) – The arbitral tribunal recognized that contracts between states and corporations can be governed by international law.
F. Minority and Liberation Movements
Certain national liberation movements and insurgent groups are recognized as limited subjects when they represent peoples fighting for self-determination.
Examples:
- Palestine Liberation Organization (PLO) recognized by the UN as the representative of the Palestinian people.
- African National Congress (ANC) was granted observer status during the anti-apartheid struggle.
Their recognition depends on the degree of control over territory and international recognition.
3. Degrees of International Personality
International legal personality is not absolute; it varies in degree.
| Entity | Nature of Personality | Scope |
|---|---|---|
| States | Full | All rights and duties under international law |
| International Organizations | Functional | Limited to their chartered purposes |
| Individuals | Partial | Rights and duties under human rights and criminal law |
| NGOs / MNCs | Limited | Derivative or dependent on recognition |
| Insurgent Movements | Conditional | Depends on recognition and control of territory |
4. Case Law Summary
| Case | Year | Principle Established | Link |
|---|---|---|---|
| Reparation for Injuries (UN Case) | 1949 | Recognized UN’s legal personality | ICJ Link |
| Nuremberg Trials | 1945–46 | Individuals as subjects of international law | UN Link |
| Pinochet Case | 1999 | No immunity for crimes against humanity | UK Link |
| Texaco v. Libya | 1977 | Corporations under international arbitration | ICSID Link |
Also Read: Sources of International Law, Introduction to Public International Law
5. Conclusion
The subjects of international law have expanded beyond states to include international organizations, individuals, and other entities. This transformation reflects the growing interconnectedness of global governance and the humanization of international law.
Today, international law not only governs the conduct of states but also seeks to protect individuals, regulate corporations, and empower global institutions—making it a dynamic and inclusive system of justice.