Subjects of International law

In this article, we will explore the key subjects of international law, focusing on the entities that possess rights and obligations under its framework.

Introduction

Over the period of time municipal law and international law has always been considered superior over one another and different theories which refers to the underlying relationship of both has been brought up by jurists from time to time enlighten the controversy of the reigning law over one another.

However, in the past, states were the only subjects of the international law but with the increase in the scope of the international law, many other entities like the one discussed above have been given international personality. So now the question arises, whether they may be treated as the subjects of international law and if they are given the international personality, what is the criteria determining their qualification to be the subject of the international law. So there are different theories for determining the same. The most prominent of them are:
1. Realist theory
2. Fictional theory
3. Functional theory

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Realist Theory on subjects of International law

According to this theory, only the Nation/States are considered to be the subject of international laws.These states are distinct and separate entities, capable enough to have their own rights, obligations and duties, possessing the capability to maintain their rights under international law.
Individuals do not have rights and duties under International law they can only claim rights and duties through state only.

Criticism of realist theory

This theory has been criticized by modern International law jurists on the ground that it fails to explain the case of slaves and pirates as under international law, slaves have been conferred with some rights, while the pirates are treated as enemies of mankind

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Fictional theory on subjects of International law

This theory is the opposite of Realist theory. Supporters of this theory suggest that the subjects of international law are the individuals only and that legal order is for the well-being of the individuals. They firmly believe that the Nation/state are nothing but aggregate of individuals as subjects because states do not have soul and capacity to form and express autonomous will. State is only acting through individuals.

Functional theory on subjects of International law

According to Functional Theory, neither state nor individuals are the only subjects. According to this theory the above views are not correct as per current situation because one view only focus states and other only focus on individuals.

Moreover, it is agreed that international organisations are also the subjects of international law. The International Court of Justice held that the United Nation is an international person and is a subject of international law, capable of having rights and duties.

According to this theory International personality is granted to those who are capable of performing legal functions under it. All entities performing functions under International law
Are subject of International law.