Understanding Subjects of Public International Law
Subjects of Public International Law
Status in International Law
Minority rights are also recognized internationally. In this context, human subjectivity is very limited because these rights are enforced by the State. However, in some cases, human rights are supported, but not all individuals have the same rights (i.e., a woman in Spanish territory does not have the same rights as a woman in Afghanistan).
Regional Bodies
- Council of Europe: After the exhaustion of domestic remedies, cases go to the European Court of Human Rights.
- Organization of American States
- African Union
- League of Arab States
Individuals can turn to international bodies if another body fails. Cases of debt are prosecuted for genocide, war crimes, and some others, and judged by the International Criminal Court, but these are exceptions.
Sovereign States as Traditional Subjects of International Public Law
The State is an original or traditional international subject; international law does not arise in other subjects internationally. The definition of a subject with international requirements is an entity or individual that owns rights and obligations under international law and also has the ability to claim in the international arena. For example, Spain filed a complaint before the International Court of Justice against Canada to recognize its right to fish, also requiring them to repair the damage. The International Court of Justice has jurisdiction, and Canada voluntarily accepts the jurisdiction except when it affects transmigratory species.
States are original or primary subjects with full capacity. International organizations are secondary subjects with limited capacity. The full capacity of states is accomplished by:
- The possibility of concluding treaties or agreements internationally (Ius Tractatum).
- Having a certain degree of Ius Representationis (diplomatic relations).
- Accessing international bodies to resolve a dispute through litigation (only States can be part of international courts).
Example: The Spanish Vessels and the 200-Mile Limit
Spanish vessels fishing for halibut were captured by Canadian patrol vessels outside the 200-mile limit. International law, as contained in the UN Convention on the Law of the Sea, provides a 200-mile exclusive economic zone. Beyond these 200 miles, there is free trade. The Canadians seized the Spanish ships using force, arguing for it the existence of a UN standard that allows regulation when fish stocks move in and out of the 200 miles. For that reason, they had legislated for the possibility of fishing in this area only two months, authorizing the use of force.
Firstly, Canada is authorized to regulate the specialty area with fishing banks, but secondly, the use of force is forbidden by the UN. Spain first presented a claim to Canada through diplomatic channels, to no avail.
Subjects of International Law
Originally, the State is the primary subject. Secondary subjects include:
- International Organizations
- Peoples
- National Liberation Movements
- Minorities
- Individuals
A subject of international law is:
- The holder of a right.
- The holder of obligations.
- Anyone who has adequate capacity to enforce their rights internationally.
- Anyone who can incur international responsibility.
Not all of these subjects have the same ability to act, and they will qualify as such. The state has full power, and other subjects have some but not others (i.e., the state is the original or primary subject of international law). With the creation of the UN after World War 2, other organizations like the World Bank, World Health Organization, UNICEF, IMF, etc., were created. These organizations are created by the States for specific purposes:
- Means of treaties to achieve common goals that they cannot achieve by themselves.
- The United Nations Charter by the Treaty of San Francisco.
States are subject to full administration. International organizations are secondary subjects with limited or functional capacity. International organizations may include:
- UN: General Purpose
- NATO: Specific Purposes
The international subjectivity of the UN building and the possibility of international claims are recognized. Rights are also beginning to be recognized for other organizations, such as Colonial Peoples in the UN resolution recognizing a right to independence or self-determination and the law of armed resistance. Another subject that is recognized for his rights but also a series of obligations appears. National liberation movements are also recognized for administration.