Subjects of international law: what do they mean?

International law, sometimes also called international public, operates with special concepts that distinguish it from a number of other branches of law. And one of such differences is the subjects of international law.

General information

Speaking about law in general, it is impossible not to pay attention to the subjects, regardless of the section to which the industry in question belongs. So the international can not exist without disclosing the theme of its subjects.

The subjects of international law are the participants in the relations that develop in the points of collision of sovereignties. Such traditionally include the state, the international organization, the state-like education and the nation (people) fighting for self-determination.

Why do these entities refer to the considered branch of law? The answer is simple: they have special features that distinguish them from the others. The list of such characteristics is limited, but when the subject is recognized as belonging to international law, he must strictly comply with them.

So, the first sign is sovereignty. It means that the subject of international law can act independently in external relations. And this means that he has the right to assert his rights, must fulfill his obligations, answer in the frames of the legislation for non-fulfillment, inadequate performance of duties or for the damage caused.

The second sign is international recognition. This means that the subject of international law is considered as such if and only if such a provision has been enshrined by the international community.

These two characteristics and cause the separation of subjects into species.

Traditionally, scientists distinguish two main types - primary and secondary subjects of international law. As noted earlier, this division is provided by the above characteristics.

The primary states are usually states and peoples fighting for self-determination. Such status is ensured by the existence of sovereignty for these two entities. More precisely, the position of the people, always a source of sovereignty. It is worth noting that states still have great influence in this branch of law, rather than peoples struggling for self-determination. This difference is motivated by the fact that states have the right to create one of the types of secondary subjects.

The second category includes international organizations and state-like entities. The international organization is a kind of "product" of the activity of states in the international arena. Depending on how, for what purpose and where they are created, there are ten types:

- in terms of prevalence - regional, international, interregional;

- for the purpose they pursue, - military, economic, linguistic, religious, etc.

But regarding the state-like entities, not everything is so unambiguous. First, they correspond almost to all the characteristics of the state, with the exception of any one. Secondly, in the framework of international law they are not protected by universal recognition, but by a special treaty concluded by the countries concerned.

Subjects of private international law and public - what's the difference?

Returning to the question of how to properly name this industry, it should be noted that there is a group of authors who believe that private international law is only an obligatory part of the international one. However, the subjects of international law themselves refute this postulate.

So, as it was mentioned earlier, four main subjects operate in international law. But in international private business is a little different. Thus, subjects of private international law other than the above (state, international organization, people struggling for self-determination and state-like education), also include individuals, non-commercial and commercial organizations.

Therefore, it can not be asserted that private international law is part of the international law. But to say that these are two unrelated branches, it is impossible, because Both operate, in the majority, the same normative acts.