SUBJECTS OF INTERNATIONAL LAW

1. The State as an International Person.

Article 1 of the Montevideo Convention on Rights and Duties of States 1933
provides:
“The state as a person of int. law should possess the following qualifications:
a) A permanent population;
The requirement of ‘permanent population’ means a stable community. There is
no minimum population requirement.
b) A defined territory;
There is no limit to the size of a State territory. There is no requirement that the
frontiers of the State be fully defined and undisputed.
c) Government;
In order for a territory to be considered as a State, it must have a government of
its own.
d) Capacity to enter into relations with other States.”
This is requirement of independence of State. In order to conduct relations with
other States, a State must be legally independent from the authority of any other
State.
2. Non-self-governing territories.
These comprise territories, protectorates, trusteeship territories and various
colonies which have restricted powers of control over their foreign relations.
Colonies.
Under the traditional rules of IL colonies were not regarded as possessing
international personality. The exercise of their international relations was under the
effective control of Colonial Power. Now, the principle of self-determination may
give colonial territories a measure of international personality.
Mandates.
The Mandate System was established under the Covenant of the league of Nations.
Trusteeship System.
The system of mandates was replaced by a trusteeship system. The object of the
system is to proceed peaceably to self-government under the guarantee of
international supervision.
 3. International Organizations.
An international organization is an organization set up by agreement between two
or more States.
Usually the question about its possessing an international personality can only be
answered by examining its function and powers expressly conferred by, or to be
implied from, its constitutions.
Relevant factors may include:
a) Status under municipal law;
b) Treaty making power;
c) Recognition.
If International personality is conferred on the organization then by signing the
constitution of the organization.
4. Individuals.
Individuals per se do not exercise international rights unless conferred expressly
by treaty. The most relevant instruments:
o the European Convention on Human Rights 1950;
o the International Covenant on Civil and Political Rights 1966;
o the International Covenant on Economic, Social and Cultural Rights 1966.
At the same time, IL imposes duties directly on individuals:
- the duty to refrain from acts of piracy which is defined as a crime humani
generis;
- the duty to refrain from committing crimes against peace, crimes against
humanity, war crimes and genocide;
- Hijacking and associated.