Subjects Of International Law Current Affairs

By subjects of international law it is meant that those entities which possess international personality. In other words subjects of international law are those entities that have rights duties and obligations under international law and which have capacity to possess such right, duties and obligations by bringing international claims. In past the matter was not much debatable because according to the contemporary circumstances and scope of international law only the states were qualified for international personality, but in near past along with the increasing scope of international law many other entities have been given international personality.

Now, the question arises; whether they may be treated as subjects of international law or not? And also if they were given the international personality then what shall be the criteria for ascertaining the qualification of their being the subjects of international law. So, there are different theories as regard to the above debate. The most prominent theories may be discussed as under:

Realist Theory

According to the followers of this theory the only subject of the international law are the Nation States. They rely that Nation States are the only entities for whose conduct the international law came into existence. The Nation States, irrespective to the individuals composing them, are distinct and separate entity capable to have rights, duties and obligations and can possess the capacity to maintain their right under international law. So, the Nation States are the ultimate subjects of International law.

Fictional Theory

Supporters of this theory assert that the sole international law are individuals. This belief stems from the idea that both legal orders exist for the conduct and well-being of human beings. According to this perspective, Nation States are merely aggregates of individuals, and while international law rules explicitly pertain to Nation States, these states are considered fictional entities created by the individuals within them. Therefore, individuals are considered the ultimate subjects of international law.

Functional Theory

Both the Realist and Fictional theories adopted the extreme course of opinions. But Functional theory tends to meet both the extremist theories at a road of new approach. According this theory neither states nor individuals are the only subjects. They both are the subjects of modern international law. Because for states being primary and active subject of international law have recognized rights, duties and obligations under international law and are capable to maintain the same by bringing international claim. At the other hand in the modern international law individuals have also granted certain rights, duties and obligation under international law and maintain the same by bringing direct international claims. International law grants international personality to various entities beyond states and individuals, making them subjects of international law. This is because of the increasing scope of international law.

Conclusion

Philosophical analysis suggests that Functional Theory appears more accurate when considering the modern scope of international law and global trends. It is evident that various actors in international law, holding rights, duties, and obligations, have the capacity to bring international claims to secure their rights. International law treats states, individuals, and other entities with international personality as subjects. Additionally, it expects to grant international personality to emerging entities over time.

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