SUBJECTS AND OBJECTS OF INTERNATIONAL LAW.

UNIT II

SUBJECTS AND OBJECTS OF INTERNATIONAL LAW.

THE AIM OF INTERNATIONAL LAW

I. LEAD-IN. BRAINSTORMING SECTION:

1. What does International Law have for an object?

2. What can be regarded as a subject of International Law?

3. What could be the features of a subject of International Law?

4. Would you possibly give an example of subjects of International Law?

5. What can you tell about the United Nations? What can be the purposes of it?

6. Try to define an aim (purpose) of International Law? Why do people need this?

 

II. READING:

1. Read the text, paying attention to the translation of italicized words and word combinations. Answer the check-up questions:

PART I

SUBJECTS AND OBJECTS OF INTERNATIONAL LAW.

HOT TIP

In Public international law, the subjects of international law traditionally included states. Since the establishment of international criminal tribunals, individuals are also proper subjects of international law. Other international actors include transnational corporations, non-state actors, terrorist groups. The regulation of these actors' activities in the international sphere is one of the most pressing concerns of contemporary international law.

 

Subjects of International Law can be described as those persons or entities who possess international personality. Throughout the 19th century, only States were qualified as subjects of international law. After, the Second World War, more and more new actors emerged in the international legal arena such as the intergovernmental organizations created by States, Non-Governmental Organizations (NGOs) created by individuals, multinationals and even natural persons (i.e. individuals). These can now be considered as having to a large or sometimes limited extend the capacity to become international persons.

A subject of international law is an entity with capacity of possessing international rights and duties and of bringing international claims. This entity is said to be an international person or one having an international personality, on the basis of customary or general international law (e.g. a sovereign state, such as the Philippines).

A subject of international law (also called an international legal person) is a body or entity recognized or accepted as being capable of exercising international rights and duties.

The main features of a subject of international law are:

- the ability to access international tribunals to claim or act on rights conferred by international law;

- the ability to implement some or all of the obligations imposed by international law;

- to have the power to make agreements, such as treaties, binding in international law;

- to enjoy some or all of the immunities from the jurisdiction of the domestic courts of other States.

Although this is a somewhat circular definition, there are at least two definite examples of subjects of international law, namely, States and international organizations.

While States are the main subjects of international law, and have all of these capacities, there are other subjects of international law. Their legal personality, their obligations and rights need not be the same as a State. For instance, the International Court of Justice has recognized some international organizations as proper subjects of international law. It is accepted that international organizations are subjects of international law where they:

1. are a permanent association of States, with lawful objects;

2. have distinct legal powers and purposes from the member States; and

3. can exercise powers internationally, not only within a domestic system.

Examples of this type of international organization are the European Union, the Organization of American States, the African Union, Organization of the Islamic Conference and specialized UN agencies. International organizations play increasingly important role in the relationships between nations. An international organization is one that created by international agreement or which has membership consisting primary of nations. To vitalize the status of international organization of which United States is a member and facilitate their activities Congress has enacted the International Organization Immunities Act, which among other provisions defines the capacity of such organizations.

The United Nations, the most influential among international organizations, was created on June 26, 1945. The declared purposes of United Nations are to maintain peace and security, to develop friendly relations among nations, to achieve international cooperation in solving international problems, and to be a center for harmonizing the actions of the nations and attaining their common ends. The Charter of the United Nations has been adhered to by virtually all states. Even the few remaining non-member states have acquiesced in the principles it established. The International Court of Justice is established by the UN Charter as its principal judicial organ.

An object of Public International Law, on the other hand, is merely indirectly vested with rights and obligations in the international sphere, e.g. a Filipino private citizen is generally regarded not as a subject but an object of Public International Law because, while he is entitled to certain rights which other states ought to respect, he usually has no recourse except to course his grievances through the Republic of the Philippines and its diplomatic officers.

1. The first object of international law for a given nation is:

- utility general, in so far as it consists in doing no injury to the other nations respectively, having the regard which is proper to its own well-being;

2. Second object:

- utility general, in so far as it consists in doing the greatest good possible to other nations, saving the regard which is proper to its own well-being;

3. Third object:

-utility general, in as far as it consists in the given nation not receiving any injury from other nations respectively, saving the regard due to the well-being of these same nations;

4. Fourth object:

-utility general, in so far as it consists in such state receiving the greatest possible benefit from all other nations, saving the regard due to the well-being of these nations;

5. Fifth object:

-in case of war, make such arrangements, that the least possible evil may be produced, consistent with the acquisition of the good which is sought for.