SUBJECTS OF INTERNATIONAL LAW
A subject is an entity that is conferred upon by law rights, obligations and
capacity to enforce claims.
Subjects of international law have international legal personality.
States
International Organizations
State like entities
Liberation movements
Individuals in special circumstances
1. STATES
They are the first subjects of international law. States came together to create
international law and subjected themselves to international law. This is found
in the original definition of international law.
The Monte Video Convention of 1933 provides that a state has the following
characteristics;
Defined territory
Permanent population
Government
Capacity to enter into legal relations
Additional characteristics of a state may include;
Right to self determination
Recognition
DEFINED TERRITORY
A state ordinarily should have a defined territory. Should have clearly defined
borders, to appreciate the demarcations of its borders. (General View)
Borders of a state separate it from the other states and are clearly defined.
This study source was downloaded by 100000858663287 from CourseHero.com on 12-31-2022 03:16:10 GMT -06:00
https://www.coursehero.com/file/74538844/SUBJECTS-OF-INTERNATIONAL-LAWpdf/
, This characteristic is not absolute and where there is deficiency as to the
demarcation of borders, a state still retains its statehood.
An example is Israel which has disputes with its borders but it is still a state.
Kenya also had disputed with Somalia but it’s still a state. The deficiency of
these characteristics does not negate statehood.
PERMANENT POPULATION
A state ordinarily should have population i.e. within a state there should be
inhabitants. The population of a state may be affected by circumstances e.g.
Natural calamities or manmade problems.
If population is affected the state does not lose its statehood. (Reduction in
population does not negate statehood)
Does not demand a specific number of inhabitants of a state.
GOVERNMENT
Government is the entity that drives the country. It is the engine of any
functional state.
Government should have effective control. Not all governments have effective
control over their territories but still a state does not lose its statehood. An
example is Somalia which at one time their govt. was situated in Nairobi Kenya
due to war. (De Jure (by right) and De Facto (by fact)
The characteristic is not absolute. Even if there is deficiency statehood does not
get lost.
CAPACITY TO ENTER INTO LEGAL RELATIONS
No state is an island and must engage with other states. A state must co-
operate with other states. In Kenya for example, development arises from our
relations with other states. Our relation with China helps in development of
roads etc.
A state enjoys statehood if it’s not isolated from other states.
At a point South Africa was isolated from other states due to apartheid. Trade
sanctions were imposed against it.
This study source was downloaded by 100000858663287 from CourseHero.com on 12-31-2022 03:16:10 GMT -06:00
https://www.coursehero.com/file/74538844/SUBJECTS-OF-INTERNATIONAL-LAWpdf/
A subject is an entity that is conferred upon by law rights, obligations and
capacity to enforce claims.
Subjects of international law have international legal personality.
States
International Organizations
State like entities
Liberation movements
Individuals in special circumstances
1. STATES
They are the first subjects of international law. States came together to create
international law and subjected themselves to international law. This is found
in the original definition of international law.
The Monte Video Convention of 1933 provides that a state has the following
characteristics;
Defined territory
Permanent population
Government
Capacity to enter into legal relations
Additional characteristics of a state may include;
Right to self determination
Recognition
DEFINED TERRITORY
A state ordinarily should have a defined territory. Should have clearly defined
borders, to appreciate the demarcations of its borders. (General View)
Borders of a state separate it from the other states and are clearly defined.
This study source was downloaded by 100000858663287 from CourseHero.com on 12-31-2022 03:16:10 GMT -06:00
https://www.coursehero.com/file/74538844/SUBJECTS-OF-INTERNATIONAL-LAWpdf/
, This characteristic is not absolute and where there is deficiency as to the
demarcation of borders, a state still retains its statehood.
An example is Israel which has disputes with its borders but it is still a state.
Kenya also had disputed with Somalia but it’s still a state. The deficiency of
these characteristics does not negate statehood.
PERMANENT POPULATION
A state ordinarily should have population i.e. within a state there should be
inhabitants. The population of a state may be affected by circumstances e.g.
Natural calamities or manmade problems.
If population is affected the state does not lose its statehood. (Reduction in
population does not negate statehood)
Does not demand a specific number of inhabitants of a state.
GOVERNMENT
Government is the entity that drives the country. It is the engine of any
functional state.
Government should have effective control. Not all governments have effective
control over their territories but still a state does not lose its statehood. An
example is Somalia which at one time their govt. was situated in Nairobi Kenya
due to war. (De Jure (by right) and De Facto (by fact)
The characteristic is not absolute. Even if there is deficiency statehood does not
get lost.
CAPACITY TO ENTER INTO LEGAL RELATIONS
No state is an island and must engage with other states. A state must co-
operate with other states. In Kenya for example, development arises from our
relations with other states. Our relation with China helps in development of
roads etc.
A state enjoys statehood if it’s not isolated from other states.
At a point South Africa was isolated from other states due to apartheid. Trade
sanctions were imposed against it.
This study source was downloaded by 100000858663287 from CourseHero.com on 12-31-2022 03:16:10 GMT -06:00
https://www.coursehero.com/file/74538844/SUBJECTS-OF-INTERNATIONAL-LAWpdf/
