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Subjects of International Law

The lecture deals with nature and criteria of 'subjects' under the rubric of international law.

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Subjects of International Law

  1. 1. Subjects of International Law Mohammad Rubaiyat Rahman Lecturer of Law BSMRSTU, Gopalganj 8100
  2. 2. Subjects of International Law  Subjects of international law must have ‘international legal personality’  ‘international legal personality’ means: The capacity to enforce one’s own rights and to compel other subjects to perform their duties under international law.
  3. 3. Subjects of International Law  The subjects must have:  Rights  Duties  Powers
  4. 4. Qualifications of Subjects of International Law  4 qualifications:  1. Bring claims before int’l courts and tribunals to enforce rights. Example: ICJ, ITLOS.  2. Have the ability or power to come into agreements that are binding under international law. Example: treaties.  3. Enjoy immunity from the jurisdiction of the foreign court. Example: Diplomatic immunity.  4. be subject of obligation under international law.
  5. 5. Important to Remember  All subjects of international law do not have the same rights, duties and capabilities.  Example:  A diplomat has immunity before foreign courts because he is an agent of a sending state.
  6. 6. Subjects of International Law  1 . States  2. International Organizations  3. Individuals  4. Non state entities. In practice, international law for its major part still deals with the rights and duties of states. Individuals enjoy lesser rights than states and int’l organization under international law.