The subject of International law is not only states but also individuals and certain other non-state entities

“The subject of International law is not only states but also individuals and certain other non-state entities”. Justify.

Introduction

To understand the International law, we have to understand the true meaning of Law. Law is an accepted fundamental connection or principle whose violation must or should result in a punishment as failure, injury, loss or pain. It is the binding rules of conduct meant to enforce justice and set down duty or obligation, and derived largely from norm or formal enactment by a ruler or legislature. These laws hold with them the power, control and authority of the enactor, and associated penalties for failure or refusal to obey. Law derives its legitimacy ultimately from universally accepted values and principles such as the essential justness of the rules, or the sovereign power of a parliament to enact them. Therefore law is a system of set of laws and guidelines which are enforced through social institutions to direct behavior, wherever possible. It shapes politics, economics and society in many ways and serves as a social mediator of relations between people.

International Law

International Law is considered as one of the most significant concept mentioned under the name of action with respect to threats to the peace, breaches of the peace, and acts of aggression in the United Nation charter.. Efforts have been made throughout the world to understand the concept of International Law in a broader perspective with the only objective of universal peace and brotherhood. The most important objective of International Law is to keep international wars and conflicts at bay. International law can be simplified as it regulates relations between states (Countries) or in other words it can be affirmed that International Law is a body of legal rules, norms and standards that apply between

Sovereign states and other entities that are legally recognized as International actors, It is a body of legal rules governing interaction between sovereign states (Public International Law) and the rights and duties of the citizens of sovereign states towards the citizens of other sovereign states (Private International Law)

[1]As there has never been a law construction body for international law, it has been built up piecemeal through agreements, charters, compromises, conventions, memorandums, protocols, treaties, tribunals, understandings, etc. It is not ‘World Law’ but law between agreeable sovereign states (each government can decide which law it will adhere to or not) and has not been able to solve the problems of inter-state violence, aggression, conflict, terrorism and war. In spite of its limited applicability, however, it has played a vital role over the centuries in developing a system of procedures and rules in areas (such as air, land, sea, outer-space, human rights) where one state’s existence impinges that of the others. International law and law of nations are synonymous or in other words we can state that before International Law, it was known as Law of Nations, Public International Law, Inter-state Law and Trans-National Law.

Public International Law and Private International Law

International law may further be broken down as public or private. Public International law covers the rules, laws and customs that govern and scrutinize the conduct and dealings between nations and/or their citizens. The UN deals largely with public international law. Private International law (Conflict of laws) handles disputes between private citizens of different nations.

Public international law concerns the treaty associations between the nations and persons which are considered the subjects of international law.

International law also called as Public International Law because there is a Private international conflict of laws. Public international law is divided into Law of Wars and Law of peace. Hugo Grotius, “considered as the father of father of International law” called his great work as De Jure Bella ac pacid or the law of war and peace. Basic differences are as follows:

  • Public International law deals with the state while Private International law deals with the individuals.
  • Private International law is a branch of Municipal law whereas Public International law isn’t.
  • Private International law also determines the calculation which will have the jurisdiction to decide the issue which is not the case in Public International law.

Subject of International Law- The word ‘subject’ literally means under rule, jurisdiction, authority or control. It is an object, which is subject to control and governance. In other words, subject is an object (living or non-living) over which law confers certain rights and duties. State law provides for assured rights and duties to individuals in the state, therefore individuals are called subjects of state law. Likewise, International Law is alarmed with the rights and duties of the nations or states. There are three theories as to the subjects of International Law as explained below-

· States alone are the subjects of International Law

· Individuals alone are the subjects of International Law

· States are the main subjects of International Law but to a lesser extent individuals and certain non-state entities are also subjects of International.

Individual and Certain Non-State Entities Are the Subjects of International Law-

The third view not only combines the first and second views but goes a step forward to include international organizations and certain other non-state entities as subjects of international law. This theory appears to be far better than the first two views. Following arguments may be put forward into support of this view:

· At present, there are a number of treaties, which conferred on individuals certain rights and duties. For example, International Covenants on Human Rights.

· The Permanent Court of International Justice in Danzing Railways Official Case [PCIJ (11928) Services B, No. 15] laid down that, in any treaty, the intention of the parties is to confer on some individuals, certain rights, then international law will recognize such rights and enforce them.

· In 1949, General Convention on the Prisoners of War conferred on the prisoners, certain rights.

· The Nuremberg and Tokyo Tribunals propounded the principle that international law may impose obligations directly upon the individuals. As observed by the Nuremberg Tribunal, “crimes against international law are committed by men, not by abstract entities and only by punishing individuals who commit such crimes can the provisions of international law be enforced”.

· The Genocide Convention of 1948 has imposed certain duties directly upon the individuals. According to this Convention, people guilty of crime of genocide may be punished, no matter whether they are the heads of the state, high officials or ordinary individuals.

· By virtue of new inclination or movement developed in the international field, certain rights are conferred on individuals even against the states. The best example on this point is, The European Convention on Human Rights, 1950.

· It is now generally agreed and decided that international organizations are also subjects of international law. In this connection the advisory opinion of the International Court of Justice in the case of “Reparation for Injuries Suffered in the Services of United Nations” may be cited. In this case the ICJ decided that the United Nations is an international person under international law.

With regard to international criminal law, the law-making treaties have imposed certain obligations upon the individuals and the states have agreed to it. In this association, Narcotic Drugs Convention, 1961, Hague Convention for the Suppression1970 etc. deserves special mention.

· There are certain international treaties with regard to minorities. These treaties have conferred upon minorities certain rights.

State alone is the Subjects of International Law

According to this theory; states alone are the subjects of International Law. The supporters of this theory opined that international law regulates the conduct of states and states alone are the subjects of international law. It is also proof historically that only states were subjects of international law.

[2]Prof. L. Oppenheim, strong supporter of this theory holds that, since the law of nations is primarily a law between states, states are, to that extent, the only subjects of the law of nations.

Percy E. Corbett opined that, states are the only subjects of international law and individuals are only incumbents of rights and duties at international law in so far as they are objects and not subjects.

Criticism

This is subject to criticism on the position that it failed to explain the cases of slaves and pirates. Under international law, slaves have been conferred some rights by the community of states. Correspondingly, pirates are treated as the enemies of mankind and states may punish them for piracy.

Now state as well as individual and other non-entities are the subject of international law

Historically and traditionally, states were the main and only subject of international law. Progressively more individuals and non-state international organizations have also become subject to international rule and regulation. International law imposes upon the nations certain duties with respect to individuals. It is a violation of international law to treat an alien in a manner which does not satisfy the international standard of justice. Nevertheless in the absence of a specific agreement an individual cannot bring the compliant. Barely the state of which he is a national can complain of such a violation before an international tribunal. The state of nationality usually is not duty-bounded to exercise this right and can decide whether to enforce it.

In Public international law, the subjects of international law traditionally included states. Ever since the establishment of international criminal tribunals, individuals are also appropriate subjects of international law. Other international actors include translational corporations, no state actors, and terrorist groups. The regulation of these actors’ activities in the international sphere is one of the most pressing concerns of contemporary international law.

Conclusion:

Earlier only state is the subject of international law which was accepted throughout the world and it has also proved traditionally as well as historically. But in this new era we are noticing that the problem which is occurring, it is no longer restricted only state but it has also involved with individual, on state organization and other entities. International law now is now applicable to individual and other organization. So we can’t say only state is the subject of international law rather along with state other organization, individual and non state entities also subject of international law.

Bibliography

– BROWNLIE, I., “Principles of Public International Law”, (7th. ed. Oxford

A.Aust, “Handbook of International Law” (Cambridge University Press, 2005) 26

Christopher Joyner,International Law in the 21st Century 23-27 (2005).

CRAWFORD J., “The Creation of States in International Law”,

M.N. Shaw, International Law, (6th ed., Cambridge University Press, Cambridge 2008)

S. K. Verma, “An Introduction to Public International Law”, (PHI Learning, 2004) 110

University Press, Oxford 2008)

http://www.lawnotes.in/International_Law

[1] SeeChristopher Joyner,International Law in the 21st Century 23-27 (2005).

[2] CRAWFORD J., “The Creation of States in International Law”,(2th.,

Clarendon Press, Oxford 2006)

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