1. Theories of subject in IL
According to International Law, there are three theories on the concept of subject:
States alone are subjects of International Law
Individuals alone are subjects of International Law
States, Individuals and certain non-state entities are subjects of International Law
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2. Realistic Theory: States alone are subjects of International Law
According to this theory, the States alone are subjects of International Law and that individuals are not subjects.This is a traditional theoryThe International Court of Justice treats States, because they are sovereign political entities, alone as subjects.Corbett supports this theoryStates are entitles who can be legally distinguished from individual human beings who compose them.States are subjects of International Law. Individual people are objects of it.Individuals lack any judicial personality under International Law because they do not have rights or duties under it.DisadvantageDoes not address the issue of slavery, pirates etc.
Theory is felt to be inadequate
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3. Fictional Theory: Individuals alone are subjects of International Law
This theory is proposed because the former theory failed to address the issues of slavery, pirates etc.
Kelsen and Westlake supports this theory.
League of Nations supports this theory.
Universal Declaration of Human Rights, Convention on the Settlement of Investment Disputes between States and Nationals of other States etc. are examples for the recognition of individuals in international law.
Pirates, Espionage etc. are always considered as 'Objects' and are held responsible for their illegal acts.
Related Cases
Eichmann Case
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4. Functional Theory: States, Individuals and certain non-state entities are subjects of International Law
According to this, legal functionality is given to those who have the capability to perform legal functions internationally.
This is a modern theory and coordinates the prior two theories.
Recent Conventions show that individuals are Subjects of International Law. However, practically States are subjects for a majority of issues. Cases are often decided on the basis of States only and not on the basis of individuals.
The United Nations Organization is a juristic person and not a State. It is often considered as a 'Super State'. Hence, it is a subject of international law and capable of possessing international rights and duties and it has the capacity to maintain its rights by bringing international claims.
Related Cases
Danzing Railways Official Case
The Neuremberg Trial (1946)
Attorney General of the Government of Israel vs Eichmann
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