The subject matter of international law refers to entities endowed with
legal responsibilities capable of exercising certain rights and duties on
their own account under the international legal system.
The subjects of international law are state individuals and International
Institutions for organizations.
State as a subject of international law: international law is primary
consent with duties and interest of States. The qualities that a state must
process are it must process a permanent population with the define the
territory, a government and ability to enter into relation with other states.
States are defined as political entities that exercise sovereignty over a
defined territory and population. They are recognized as having legal
personality and the capacity to enter into relations with other states, to
make treaties, and to participate in international organizations.
This recognition is based on the fact that states possess certain
characteristics that set them apart from other entities, such as:
State as International Actor
As a non-living entity, a state cannot be considered a subject of
international law in the same way that human beings or corporations are.
However, states are recognized as the primary actors in the international
legal system and are therefore considered to be the fundamental units of
international law.
States are defined as political entities that exercise sovereignty over a
defined territory and population. They are recognized as having legal
personality and the capacity to enter into relations with other states, to
make treaties, and to participate in international organizations.
In addition to states, international law recognizes other actors such as
international organizations, individuals, and corporations. However, the
legal rights and obligations of these actors are typically derived from the
actions and decisions of states.
the concept of the state as a subject of international law refers to the
recognition of states as the primary actors in the international legal
system. This recognition is based on the fact that states possess certain
characteristics that set them apart from other entities, such as:
Sovereignty: States have supreme authority within their own territories,
meaning that they have the power to make and enforce laws, and to
conduct foreign relations.
Independence: States are not subject to the authority of any other state or
external authority, and they are free to make their own decisions
regarding their domestic and foreign policies.
Territoriality: States have a defined territory, which is the geographical
area within which they exercise their sovereignty and jurisdiction.
Permanence: States are considered to be permanent entities that persist
over time, even if their governments change or their borders shift.
These characteristics provide the basis for the legal personality of states
in the international legal system. This legal personality allows states to
enter into treaties, engage in diplomatic relations, participate in
international organizations, and pursue legal claims and disputes in
international courts and tribunals.
International law regulates the rules of contact which the states are to
observe. It is concerned with nationality, aliens, extradition, human
right, protection of the environment and the security of nation. It also
governs use of the sea, outer space, International communication, Postal
Services, carriage of goods and passengers by air and Antarctica. thus It
covers and regulates every aspect of inter-state activity. The states
regard these rules and regulations as being binding on them and they
comply with law because they feel legally obliged to do so.
Individuals in International Law.
Under international law, a state is the primary subject of international
law. However, individuals can also be recognized as subjects of
international law under certain circumstances. The recognition of
individuals as subjects of international law has evolved over time, and it
is still a controversial and debated issue.
One example of individuals being recognized as subjects of international
law is in the area of international human rights law. The Universal
Declaration of Human Rights, adopted by the United Nations General
Assembly in 1948, recognizes the inherent dignity and equal and
inalienable rights of all human beings. Many international treaties and
conventions have been developed to protect and promote human rights,
and individuals can bring complaints to international human rights
bodies when their rights have been violated.
International criminal law. International criminal tribunals and courts,
such as the International Criminal Court, prosecute individuals for the
crime. The individuals accused of these crimes are held personally
responsible under international law for their actions. for example Piracy:
Under international law, individuals who engage in acts of piracy on the
high seas can be held criminally liable. Piracy is a crime under
customary international law and is also prohibt
Refugees: Individuals who have been forced to flee their homes due to
persecution, war, or other forms of violence are protected by
international refugee law. The 1951 Refugee Convention and its 1967
Protocol set out the rights of refugees and the obligations of states to
protect them.
Finally, some international agreements and treaties, such as the Geneva
Conventions relating to international humanitarian treatment during war
International organizations:
International organizations are generally considered to be subjects of
international law, alongside states, as they have legal personality and are
capable of entering into international agreements and possessing rights
and obligations under international law.
International organizations can be classified into two main categories:
intergovernmental organizations (IGOs) and non-governmental
organizations (NGOs). IGOs are established by treaties or other
agreements between states, and their membership is composed of states.
Examples of IGOs include the United Nations, the World Health
Organization, and the International Criminal Court. NGOs, on the other
hand, are established by private individuals or organizations and do not
have states as members. Examples of NGOs include Amnesty
International, Greenpeace, and Doctors Without Borders.
International organizations have various functions in international law.
They may be involved in the creation of international law, for example,
by drafting and adopting treaties or by issuing resolutions and
declarations. They may also be involved in the implementation and
enforcement of international law, for example, by monitoring
compliance with international treaties or by adjudicating disputes
between states.
In addition, international organizations have rights and obligations under
international law. For example, they have the right to diplomatic
immunity, which protects their premises, property, and personnel from
interference by host states. They also have obligations under
international law, such as the obligation to respect human rights, to
promote sustainable development, and to comply with international
environmental standard
The Multilateral Investment Guarantee Agency (MIGA) is a member of the World Bank Group. Our mandate is to
promote cross-border investment in developing countries by providing guarantees (political risk insurance and credit
enhancement) to investors and lenders. Our guarantees protect investments against noncommercial risks. It also
provides technical assistance such as capacity building and advisory services to help countries attract foreign
investment.
Constitutional Provisions with respect to international law
Article 51: According to the provisions in this Article, the state has the
responsibility to promote international peace and security in the nation
and maintain just and honourable relations with other nations.
The Article specifically mentions that the state shall respect all the
provisions related to international law and shall make its best efforts to
fulfill its treaty obligations and also encourage the settlement of
international disputes with the help of arbitration.
This Article tells the state to respect international law but does not
explicitly make it a part of the Indian laws.
Article 51 of the constitution is a directive principle which is to be
understood with Article 37 of the Constitution of India.
International law and the powers of the Executive:
Article 53: It says that the executive power is conferred to the president
of India and the president shall exercise them directly in accordance with
the constitution of India or through the officers subordinate to him.
When exercising his power directly, the president should take the advice
of the council of ministers.
Although all executive functions are said to be executed in the name of
the president they are subject to the provision that they must not infringe
the powers of the legislature and the judiciary.
Also, every contract entered into by India shall be made in the
president’s name.
Article 73: The executive power of the union is extended to all the
matters with respect to which the parliament has the power to make laws
subject to the provisions of the constitution or to any other laws made by
the parliament.
Since Article 73 of the Constitution of India puts no restriction on the
powers of the executive with relation to international law, this allows the
executive to enter into any type of treaty obligations.
Legislative powers of the government:
Article 253 is the specific Article that gives the parliament the special
power to legislate and pass laws in order to implement international
agreements.
According to Article 253, the parliament has the sole right to make laws
for the whole or any part of the territory of India with the motive of
executing an international treaty, agreement or convention with other
countries or any decision made at any association or conference.
Thus Article 253 empowers the parliament to pass laws on matters
mentioned in list II of schedule VII in order to execute international
treaties, agreements and conventions.
https://media.neliti.com/media/publications/66172-EN-charter-of-
economic-rights-and-duties-of.pdf
Charter of economic rights and duties:
The idea of establishing the Charter of Economic Rights and Duties of
States came from the President of Mexico, Luis Echeverria Alvarez on
1972.
In the year 1974 the UN General Assembly adopted two very important
resolutions in that year:
1. the Declaration on the Establishment of a New International
Economic Order; and
2. the Program of Action on the Establishment of a New International
Economic Order.
The main features of the Charter of Economic Rights and Duties of
States.
1) Sovereignty over natural resources: Every state has and shall freely
exercise full permanent sovereignty, including possession, use and
disposal, over all its wealth, natural resources and economic activities. In
certain cases it is waived. example of the waiver of sovereignty over
natural resources can be seen in international treaties or agreements
related to environmental conservation or protection.Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES), which aims to protect endangered species from over-
exploitation through international trade. Parties to the convention agree
to regulate the import, export, and re-export of certain animal and plant
species in order to ensure their survival in the wild. it is also seen in the
case of joint ventures between countries and multinational corporations.
2) International Trade Regulations:
a)every State has the right to engage in international trade and other
forms of economic co-operation.
b) all States have the right to associate in organizations in order to
develop their national economies.
c)States share the responsibility to promote the regular flow and access
of all commercial goods traded. Thus contributing to the promotion of
international trade.
3) Preferential treatment towards developing and least developed
countries: developed countries should extend and enlarge the system of
non-reciprocal and non-discriminatory tariff preferences to the
developing countries. special treatment to least developed and among
developing nations special treatments to land-locked developing
countries and island developing countries, with a view to helping them
to overcome their particular difficulties and thus contribute to their
economic and social development.
4) International Organization:
All States have the right to participate fully and effectively in the
international decision-making process, inter alia through the appropriate
international organizations in accordance with their existing and
evolving rules, and to share in the resulting benefits. States also must
cooperate to strengthen and continuously improve the efficiency of
international organizations in implementing measures to stimulate the
general economic progress of all countries, particularly developing
countries.
5) Regional Economy Organization:
States have the right to participate in any kind of regional cooperation
in the pursuit of their economic and social development.
6) Transfer of Technology: every State has the right to access the
advances and development in science and technology for the
acceleration of its economic and social development. States should
facilitate developing nations access to the achievements of modern
science and technology, the transfer of technology and the creation of
indigenous technology for the benefit of the developing countries.
7) To Increase Economic Development and Cooperation: every State
has the primary responsibility to promote the economic, social and
cultural development of its people. Each State has the right and
responsibility to choose its means and goals of development to
implement progressive economic and social reforms and to ensure the
full participation of its people in the process and benefits of
development. All States have the duty, individually and collectively, to
cooperate in eliminating obstacles that hinder such mobilization and use.
