JAMIA MILIA ISLAMIA

FACULTY OF LAW

PUBLIC INTERNATIONAL LAW PROJECT

SUBMITTED TO SUBMITTED BY

PROF. NOORJAHAN MOMIN SHADAB PRAVEEN

B.A. LL.B (HONS.)

2ND YEAR ( REGULAR )

INTRODUCTION
People have turned out to be constrained subjects in worldwide law on the grounds that the
last has given them certain commitments, the infringement of which legitimately suggests
universal criminal duty. Despite the fact that an International Criminal Code does not exist
yet, a systematization of the wrongdoings is incorporated into the Rome Statute of the
International Criminal Court, which covers, notwithstanding, just the space of global
violations. All together for regular implication to be a piece of the general worldwide law, the
universalization of the bargain is of outright need. The situation of subjects of global law has
extraordinarily changed with the progression of time. A few Jurists have communicated the
view that just states are the subject of International Law. In their view, International Law
manages the lead of the State and just States alone are the subject of universal law. As per
them and according to the positivism see individual is an item and not a subject of
International law.

There are three theories in regard of the Subjects of International Law, which are - Realist
theory functional theory and fictional theory

(a) Realist Theory

According to this hypothesis States alone are the subjects of International Law. They rely
that Nation States are the only entities for whose conduct the international law came into
existence. The Nation States, irrespective to the individuals composing them, are distinct and
separate entity capable to have rights, duties and obligations and can possess the capacity to
maintain their right under international law. So, the Nation States are the ultimate subjects of
International law.1
This is a traditional theory
The International Court of Justice treats States, because they are sovereign political entities,
alone as subjects.
Corbett supports this theory
States are entitles who can be legally distinguished from individual human beings who
compose them.
States are subjects of International Law. Individual people are objects of it.
Individuals lack any judicial personality under International Law because they do not have
rights or duties under it.

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International law & human rights kapoor, S.K
Disadvantage
Does not address the issue of slavery, pirates etc.
Theory is felt to be inadequate

(b) Fictional Theory

According to anecdotal hypothesis people alone subjects of global law. For the reason, that
both the legal orders are for the conduct of human being and for their good well. And the
Nation States are nothing except the aggregate of the individuals. Though the rules of
international law relate expressly to the Nation States but actually the States are the fiction
for the individuals composing them. Due to this reason individuals are the ultimate subjects
of International law. 2

Kelsen and Westlake supports this theory.

League of Nations supports this theory.

Universal Declaration of Human Rights, Convention on the Settlement of Investment

Disputes between States and Nationals of other States etc. are examples for the recognition of
individuals in international law.

Pirates, Espionage etc. are always considered as 'Objects' and are held responsible for their
illegal acts.3
Related Cases

 Eichmann Case

SK Kapoor human rights and international law

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www.wikipedia.org
 (c) Functional Theory

as indicated by utilitarian hypothesis individual, states and certain non-state elements are
subjects of global law. Both the Realist and Fictional hypotheses received the outrageous
course of conclusions. Yet, Functional hypothesis will in general meet both the radical
speculations at a street of new methodology. Agreeing this hypothesis neither states nor
people are the main subjects. They both are the subjects of present day global law. Since for
states being essential and dynamic subject of universal law have perceived rights, obligations
and commitments under global law and are able to keep up the equivalent by bringing
worldwide case4. At the other submit the advanced worldwide law people have likewise
conceded certain rights, obligations and commitment under global law and keep up the
equivalent by bringing direct universal cases. Indeed, not just states and people are the
subjects of global law yet a few different elements have been conceded worldwide identity
and turned into the subjects of the universal law. This is a direct result of the expanding
extent of universal law.

Recent Conventions show that individuals are Subjects of International Law. However,
practically States are subjects for a majority of issues. Cases are often decided on the basis of
States only and not on the basis of individuals..

Related Cases

 Danzing Railways Official Case

 The Neuremberg Trial (1946)
 Attorney General of the Government of Israel vs Eichmann
Under the International Law obligations of the states are at last the obligations of an
individual, and there is no contrast between International Law and State law. According to
Kelsen, the two laws apply to the individual and they are for the people.

In present occasions a few arrangements have given upon people rights and obligations. for
instance International tradition on human rights.

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M.P. Tandon V.K. Anand international law and Human rights
In Danzing Railways official case, 1928 Permanent Court of Justice held that if any
settlements the goal of the gatherings is to uphold certain rights upon certain people, at that
point International Law will perceive such rights and authorize them. Another pattern has
begun in the worldwide field under which a few rights has presented upon people even
against the States. for instance European tradition on human rights,1950, International
tradition on human rights 1966, discretionary convention, by which a person who is the
casualty of the infringement of human rights, May send request with respect to infringement
of human rights by his own state to the United Nations Commission on Human rights. It is
currently concurred that International associations are likewise the subject of universal law.
Joined Nation is a global individual under universal law and it is held by International Court
of Justice that United Nation is a subject of worldwide law and fit for having rights and
obligations and it has the ability to keep up its privilege by bringing International things.5

Places of individual in international law

A portion of the arrangement of the universal law under which rights have been given upon
people and commitments that have been forced upon them are as per the following

Pirates - Under universal law porates are treated as adversaries of humankind. Henceforth
every State is qualified for secure them and rebuff them. Therefore under International law it
is the commitment of the gatherings not to submit Piracy

Destructive demonstration of individual - For the genial and warm connection of the states it
is essential that the individual ought not be associated with so much goes about as may
demonstrate hindering for the great relations among states. In this manner, under global law
there are a few such arrangements which give that the individual who perpetrate such
wrongdoings might be rebuffed. For examole on the off chance that an individual makes hurt
the diplomat of another state, at that point under worldwide law he has the right to be given
stringent discipline. A main case on the fact of the matter is the Ex parte Petroff 1971, chosen
by the incomparable court of Australlia wherein two people, who were discovered
blameworthy of tossing touchy substances on the soviet shancery were convicted

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Malcom N. Shaw , international Law
Foreigners - to some extent international law also regulates the conduct of the foreigners.
According to international law, it is the duty of each State to givr to them those rights which
it confers upon its own citizens
war criminals - War criminals can be punished under international law This conception is
based on the principle that rules relating to war crime are not only for the states but individual
arw also bound by them. Nuremberg and Tokyo tribunals have established the principle in
unequivocal and unambiguous terms that since crimes under international law are cimmitted
by individuals only by punishing them the provision of international law can be enforced

Espionage-espionage is a crime under international law. Hence, when the spies are
apprehended, they may be punished.

Under some treaties individuals have been conferred upin some rights whereby they can
claim compensation or damages against the state. For example the Treaty of Varsaillies,
1919 provided under Art. 297 that any individual could file suit against Germany for
compensation or damages
The United Nation Charter has also given a place of importance to the rights of individuals
The preamble of United Nation Charter begins qith the words " people of the united nation "
This is not incidental but deliberate and meaningful. There are a number of provision of UN
charter such Article 1(3) , Article, 13(1) (b) , Article 55(c) , which deal with individuals.
Besides this the United Nation Adopted the Universal Declaration of human Rights in 1948 .
This Declaration mentions in detail the fundamental rights and freedom of individuals.
Moreover , in 1948 , the general Assembly of the United Nation adopted the Genocide
Convention. This convention imposes an obligation upon the undivusual in respect of the
crimes of genocide it is therefore clear that the united Nations Organization has given much
significance to the right of individual6

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S.K. Kapoor international Law and Human Rights
CONCLUSION

In any case, it isn't right to say that people are not the subjects of worldwide law. A few
Jurists are of the view that people who are the premise of the general public and are the
subject of International Law and not the object of the International Law. The International
Court of Justice has rejected the suggestion that the states are the main subject of global law,
and considered that the states are in charge of a demonstration of his specialist. According to
the cutting edge universal law, it is commonly perceived that other than States, Public
International Organization, Individual and certain other non-state elements are likewise the
subjects of worldwide law.
INDEX

INTRODUCTION

REALIST THEORY

FICTIONAL THEORY

FUNCTIONAL THEORY

PLACE OF INDIVIDUAL IN INTERNATIONAL LAW

CONCLUSION
BIBLIOGRAPHY

S.K. Kapoor : International law and human rights

Malcom N. Shaw : International Law , eighth edition

M.P. Tondon, V.K. Anand: International law and human rights

H.O. Agarwal :A concise book on international law and human rights

Web Reference

www.wikipedia.org

www.baripedia.org

www.lawyr.it