What are the subjects of international law? Discuss.


Subject of International Law

Any person who has possesses international personality to protect the state or have capacity of possessing international right and have duties to maintain the right by bringing international claim, there is the subject of international law or subject of international.
The individual or the state are the subject of international law that’s why the international law deals with treaty with one or more country can inter into treaty with one or more country without any problem but where as a province of that’s country cannot enter into treaty with other country it doesn’t means that they are not the subject of international law.
International Law apply every individual and agencies of states, every subject can enjoy right and have power to performs duties of the country. It is clearly says that the any person who residing in the country are be treated as the subject of that country.
Now a question comes whether an individual live in country are the subject; whether individual or states can become an international subject.

There are three theories regarding the subject of International Law. They are as follows:
1)      Realist Theory,
2)      Fictional Theory,
3)      Functional Theory.

1.      Realist Theory:-Realist Theory says that ‘States’ only are subject of International Law. States alone are the sovereign, political entity which regarded as subject of international law. Realist Theory says that states only has the right and obligation to bearer’s sovereign political entities under international law that’s why it is called ‘Realist’. The ‘Realist’ Theory propounder assumed that states is an legal entity and can easily distinguishable from human.
The former is said to be subject of international law but latter they are the object of international law. It means that individual don’t have right to claim under international law. They don’t have right to claim they can claim through states.

2.      Fictional Theory:-Fictional Theory is opposite to realist theory. In Realist Theory it is clearly says that states only are subject of international law but in Fictional Theory individual only are the subject of international law like Municipal Law. These is so because Fictional Theory says that state do not have a soul and they don’t have capacity form and express an autonomous will and called as abstract structure. Kelsen view on Fictional theory rule of international law and Municipal Law meant for human being. Fiction theory is based on duties of right are based on men who compose them, and it is individual are the subject of international law. The theory regarded as ‘Fictional’ according to these, states has been regarded as fiction.

3.      Functional Theory:-These is last theory in above theory there is extreme view only states have been regarded as subject of international law. But in fictional theory individual only are the subject of international law. In the latter case, individual have been deemed as subject not because international  law endows right and duties to them but in fiction that right and duties goes to from state to individual who compose them. The view again implies that the states alone have right to capable. It is only because of the fiction, individual has been regarded as subject of international law. But the views have been analyzed it is clearly says that both view do not stand correct.


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