Subjects of international law

According to the general theory of law, regulated the right to acquire a public relations nature of legal relations are legal relations. By such relations are called subjects of the law.

Thus, the subjects of international law – is part of international relations, endowed with the norms of international law, subjective rights and obligations of the subjective.

Moreover, in contrast to national law, international law, the subjective right of a subject of international legal obligation is always opposed to the subjective another subject of this relationship.

The term “concept” subject of international law “has long served the property only doctrine of international law. But recently it was used in international instruments, in particular in the general (universal) conventions. For example, in art. 3 of the Vienna Convention on the Law of Treaties of 1986 refers to “international agreements to which one or more States, one or more international: the organization and one or more subjects of international law other than States and international organizations.”

Throughout the long history of international law, States were the only actors in international relations. The norms of contemporary international law continue to govern mainly the relationship between states and the relations of States with international organizations and other international institutions. States – the main subjects of international law and basic real participants in international relations, because they need to constantly interact with each other and with international organizations and other subjects of international law.

In addition to governments and international organizations are subjects of international law and other international institutions, referred to as international bodies. This, in particular, international courts and international arbitration, investigation, conciliation and other commissions, which are created by agreement between the States and are guided in their activities by international legal regulations, especially rules of general international law.

Some of these international bodies, such as the International Court of Justice, is a body of universal character, since they create an international community of States and access to them is open to any state. More frequently, only the authority of the local character of the (bilateral or multilateral).

Finally, a special, special subjects of international law is the people. Special in the sense that, in accordance with the fundamental principles of modern international law – the principle of equal rights and self – for all nations recognize the right to self-determination, ie, right freely, without external interference, their political status and pursue their economic, social and cultural development. Each State shall respect that right. It, therefore, is a question of the relationship (relationship) between people and nations. More information about the term, the concept of “nation” and the conditions for the implementation of the right of peoples to self-determination will be discussed in the chapter on the basic principles of modern international law.

We note in conclusion that in their relationship mutually pledge to the state (mainly by virtue of international treaties) to comply in its internal order, or rule of law defined the rights of foreign individuals and legal entities, the fundamental rights and freedoms of all persons within their territories of individuals and certain social rights ( non-governmental) organizations, in particular trade unions. These international obligations of States in favor of those or other subjects of their domestic law to be implemented it in national law of the liable state. Subjects as international relations at the international commitments in favor of subjects of national law are the only states – participants of an international treaty or customary recipients of general international law (in particular, rules on the treatment of foreign individuals and legal entities). The subjects of the same national law, in favor of which the State has certain international obligations, may make complaints to international bodies about the failure to comply with this obligation to the State of their rights only when they have exhausted the relevant domestic opportunities to exercise their rights.

Consequently, individuals and legal entities, public organizations and other entities of national law are not and can not be subjects of international law because they are subject to the jurisdiction (authority) of a State, as subjects of international law characterizes the mutual independence, disobeying any authority, able to prescribe it legally binding rules of conduct. In this method of international legal regulation is an agreement between legally independent subjects of international relations over the content of their established norms and make it legally binding.
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