Some notes in Public International Law:

(December 4-5, 2019)

The subjects of International law are those persons or entities who possess international
personality. International personality means the capacity to assume rights and duties under
international law. An entity which possesses international personality may be unlimited as in the
case of an independent and sovereign state, or limited as in the case of dependent state or other
international institutions.

A subject of international law should be able to bring claims before international and
national courts and tribunals to enforce their rights like the International Court of Justice. This
subject must have the power to come into agreements (treaties). This subject must also enjoy
immunity from the jurisdiction of foreign courts and of course be the subject of international
obligations.

Some of the subjects of International law are the following: State, colonies and
dependencies, mandates, the Vatican, the united nations, international administrative bodies,
belligerent communities, etc.

The traditional doctrine is that only states not individuals are subjects of international law.
According to this doctrine, the norms of international law can impose obligations and
responsibilities and confer rights only upon states not upon individuals. The principal reason of
this doctrine is that the law of nations is based on the consent of individual states. It means that
international law is primarily a law for the international conduct of states and not for their citizens.

The modern doctrine shared by recent writers affirm that the individual is a subject of
international law since the social aim of international law is to define the rights of men.

The majority view however is that international law is concerned with the actions of
sovereign states and provides no punishment for individuals. Further where the act of states is
in question, those who carry out are not personally responsible but are protected by the doctrine
of the sovereignty of the state.

Under the UN charter all member states are obliged to reaffirm faith in fundamental
rights, in the dignity and worth of human nature of a person and in equal rights of men and
woman.