International law, sometimes also called international public law, operates with special concepts that distinguish it from a number of other branches of law. And one of these differences appears to be the subjects of international law.
General information
Speaking of law in general, one cannot but pay attention to the subjects, regardless of which section the industry in question belongs to. So international cannot exist without revealing the theme of its subjects.
The subjects of international law are participants in relations emerging at points of clash of sovereignty. These traditionally include the state, an international organization, a state-like formation, and a nation (people) fighting for self-determination.
Why do these subjects relate to the considered branch of law? The answer is simple: they have special features that set them apart from the rest. The list of such characteristics is limited, but when the subject is recognized as belonging to international law, it must strictly comply with them.
So, the first sign is sovereignty. It means that the subject of international law can act in foreign relations completely independently. And this means that he has the right to assert his rights, must fulfill the obligations assumed, be responsible in the framework of the legislation for non-fulfillment, improper performance of duties or for damage caused.
The second sign is international recognition. This means that the subject of international law is considered to be such if and only if it has been assigned such a position by the international community.
These two characteristics determine the separation of subjects into species.
Traditionally, scientists distinguish two main types - primary and secondary subjects of international law. As noted earlier, such a division is ensured by the above features.
The primary ones are usually states and peoples fighting for self-determination. Such status of these two entities ensures the existence of sovereignty. More precisely, the situation of the people, always acting as a source of sovereignty. It is worth noting that states nevertheless have more influence in this branch of law than peoples fighting for self-determination. This difference is motivated by the fact that states have the right to create one of the types of secondary entities.
The second group includes international organizations and state-like entities. An international organization is a kind of “product” of activity of states in the international arena. Depending on how, for what purpose and where they are created, ten of their types are distinguished:
- in terms of prevalence - regional, international, interregional;
- for the purpose they pursue - military, economic, linguistic, religious, etc.
But regarding state-like entities, not everything is so simple. Firstly, they correspond to almost all features of the state, with the exception of any one. Secondly, in the framework of international law they are protected not by global recognition, but by a special treaty concluded by the countries concerned.
The subjects of private international law and public - what is 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 a mandatory part of international law. However, the subjects of international law themselves refute this postulate.
So, as was previously noted, four main subjects operate in international law. But in the international private business, things are a little different. So, the subjects of private international law, in addition to the above (state, international organization, people fighting for self-determination and state-like education), also include individuals, non-profit and commercial organizations.
Therefore, it cannot be argued that private international law is part of international law. But to say that these are two unrelated industries is impossible, because both operate, for the most part, with the same regulatory acts.