There are three hypotheses in regard of the Subjects of International Law, which are - Realist

hypothesis anecdotal hypothesis and utilitarian hypothesis.

(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.

 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.
 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.

 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.

Related Cases
 Eichmann Case

(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 case. 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.

This is a modern theory and coordinates the prior two theories

 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.
 The United Nations Organization is a juristic person and not a State. It is often considered as a 'Super
State'. Hence, it is a subject of international law and capable of possessing international rights and
duties and it has the capacity to maintain its rights by bringing international claims.

Related Cases
 Danzing Railways Official Case
 The Neuremberg Trial (1946)
 Attorney General of the Government of Israel vs Eichmann

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.

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

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.
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.