Subjects of International Law

The International Community

Body of juridical entities which are governed by the law of nations

 Subject vs. Object of International Law

An entity that has rights and responsibilities under that law

Subject
It has an international personality and can assert rights and be
held directly responsible under the law of nations

Person or thing in respect of which rights are held and

Object obligations assumed by the subject. Not directly governed by
the rules of international law
Rights are received and responsibilities imposed through the
instrumentality of an intermediate agency
 Subjects

Non-state
State
actors

International Multinational
Individuals
Organizations companies
 International Personality

Absolute Functional Limited

e.g. International e.g. Individuals and

e.g. States
Organizations corporations
Classification of States

Independent
With full international
personality

Dependent
Do not have full control
of their external relations
 Independent States

1. Simple States Under a single and centralized government

that takes care of its internal as well as external affairs
2. Composite States Consists of 2 or more states, each with its
own separate government but bound by a central authority
which manages the external affairs
 Kinds of Composite States

a. Federation 2 or more states unite to abandon their individual

statehood. The federal government takes care of foreign
affairs while members states take care of their internal affairs.
(e.g. USA)
b. Confederation 2 or more states unite but do not abandon
their individual statehood.
c. Personal Union Where 2 or more states decide to have a
common head of state while retaining their individual distinct
international personality
 Kinds of Composite States

d. Real Union 2 or more states share one or more state organs.

(e.g. Egypt and Syria)
e. Incorporate Union Union of 2 or more states under a central
authority, empowered to administer both its internal and
external affairs and possessed with separate international
personality. The union itself has no international personality.
(e.g. UK)
 Dependent States

States subject to the authority of 2 or more states

 Kinds of dependent states

a. Colonies Internal and external affairs are controlled by

colonial power
b. Protectorates and suzerainties Internal affairs are controlled
by local leaders but external affairs are administered by
protecting power usually through a treaty or agreement. For
academic discussion only as there are no more protectorates
or suzerainties.
 Neutralized states

A state which in return for a permanent guarantee of its territorial

integrity by third powers is obligated to maintain permanent
neutrality, except for situations for its own defense. (e.g.
Switzerland)

Differentiate with neutrality

 Insurgents, Belligerents, and
national liberation movements

Requirement in order for them to be granted limited international

personality: They must exercise de facto control over a part of
national territory
 International organizations

May be granted international personality if:

1. Their purposes are mainly non-political
2. They are autonomous

e.g. ILO, FAO, WHO, IMF

 Individuals

1. UN Charter Dignity and worth of the human person

2. UDHR inherent dignity and equal and inalienable rights of
all members of the human family
3. Treaties Authorizing persons to bring suits before
International tribunals
4. Rules against Pirates hostes humani generis