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SUBJECTS AND OBJECTSOF INTERNATIONAL LAW

SUBJECTAn entity with capacity of possessing international rights and duties of bringing international claims.

One having international personality on the basis of conventional or customary international lawEx. Genocide ConventionIf an entity is not a subject of IL, may it assume characteristics of international personality? Examples of capacities associated with the legal personalities of StatesCapacity to make international agreementsEngage in privileges and immunitiesCapacity to bring international claimsWrongful acts committed by a StateEvery wrongful act of a state entails the international responsibility of that StateBreach of an agreement entails an obligation to make reparation in whatever form(REPARATION - compensation in money, material, labor, etc., payable by a defeated country to another country or to an individual for loss suffered)Corfu Channel CaseIn 1946, during the Greek Civil War, a series of three encounters took place in theCorfu Channel, between Albania and the United Kingdom.On 15 May, the cruisers Orion and Superbandpassed through the northern part of the Corfu Channel. Albanian shore batteries opened fire on the two ships, coming within 200 yards (180m) of the squadron, but striking neither vessel.The United Kingdom lodged a formal protest, demanding an apology from Albania. Albania stated that the ships had violated Albanian territorial waters, and asserted that passage through the Corfu Channel required Albanian permission. On 2 August, the United Kingdom stated that Royal Navy ships would return any fire in the future.

On 22 October 1946, a Royal Navy flotillacomposed of two cruisers and destroyers Saumarez Volage, entered the Corfu Channel. A destroyer hit a mine and 36 people aboard were killed. Volage took her in tow, and hit another mine.On 12 and 13 November, the Royal Navy undertook a mine clearance operation in the Corfu Channel,Operation Retail, which took place in Albanian territorial waters without advance permission from that country. Subsequently, the Albanian government formally complained to the United Nations, describing the operation as an incursion into Albanian territorial waters.On 9 December, the United Kingdom demanded reparations from AlbaniaThe verdictFinal settlement did not take place until the 1990s, after the end of socialism in Albania. The ICJ ordered Albania to pay the UK843,947 in compensation (23.1million)this represented 700,087 for the loss of theSaumarez, 93,812 for damage to theVolageand 50,048 for the casualties. The award for theSaumarezhad been limited by the non ultra petitarule, whereby the Court could not award more than what had been claimed.As of 2012, it was the only case in which the ICJ made an award in the form of liquidated money to a state applicant.Albania is liable for the explosions that occurredForms of ReparationRestitution the responsible State is under duty to re-establish the situation which existed before the wrongful act was committed restitution must be materially possibleForms of ReparationCompensation- pertains to the damage caused by the wrongful act insofar as the damage is not made good by restitutionMay include profitsForms of ReparationSatisfaction may consist in an acknowledgment of the breach, an expression of regret or a formal apologyMust be proprotionate to the injury and must not be humiliating to the responsible StateIt must, as far as possible, wipe out all the consequences of the illegal act and re-establish the situation, which would, in all probability, have existed if the act had not been committed.