Subjects of International Law: Rights, Obligations, and Powers

Posted on Nov 7, 2024 in Social sciences

Subjects of International Law

Entities capable of holding rights and obligations recognized under international law.

International Organizations

International organizations possess functional legal personality derived from their functions, not from statehood elements like territory, population, or government. They operate as a form of global governance, addressing specific issues within their functional scope.

  • Values
  • Objectives
  • Competencies
  • Power: Derived from their ability to perform functions and achieve objectives.

Subject to secondary legislation, their personality is conferred by the creating states, limiting them to their designated functions and powers. Actions exceeding this scope are considered ultra vires and lack legal validity. Actions within their scope are ad intra.

Establishment and Membership

Created through establishing treaties, states must accept these treaties fully and without reservation to join.

International organizations can create rights and obligations for entities outside their membership.

Organizational Powers

  • Explicit/Express: Clearly defined in the Constitutive Treaty.
  • Implied: Derived from explicit powers.
  • Potential/Subsidiary: Extend the scope of authority through new agreements among member states.

Classifying Organizations

By Scope

  • Universal: Open to all states (e.g., UN, FAO, UNESCO).
  • Regional: Limited to states meeting specific geographic, economic, or political criteria.

By Function

  • General Purpose: UN
  • Specific Purposes: UN agencies like FAO, UNESCO, WHO, and the World Bank.

By Nature of Member State Relationship

  • Integration: Involves a transfer of powers from member states to the organization (e.g., European Union). This model significantly impacts state sovereignty, including areas like borders and currency.
  • Cooperation: Classic form, respecting member state sovereignty while coordinating actions to achieve collective goals.

Organizations like UNESCO and FAO are subsidiary bodies, created by larger parent organizations.

Other Subjects of International Law

  • States
  • International Organizations
  • Individuals/People: Increasingly recognized with active standing (demanding rights and accountability) and passive standing (subject to international law, e.g., International Criminal Court).
  • Communities
  • Colonial Territories
  • National Minorities
  • Associations (e.g., Red Cross)

International Criminal Court

A subsidiary court addressing crimes outside state jurisdiction, operating under the principle of non-prescription (crimes against humanity do not have a statute of limitations).