Subjects of international law

Lecturer: Jiang he

The concept of the subject

Substantive implication

Procedural capacity

Development of the subject

Main subjects and their distinction

states

Significance of state as subject of international law(law-making and procedural capacity)

Definition of state and its components (population , territory, government , capacity of international relations)

Statehood and self-determination

Recognition of state and government

Necessity of state and government Distinction between the two categories Theories in recognition(constitutive school,

declaratory school ) De facto and de jure recognition

The Effect of Recognition

Locus standi (raise an action)

State immunity

Effectiveness of legislative and administrative acts Retroactiveness of the recognition

International organization

Development and significance of international organization

Legal personality and its constituent document UN and articles concerned with the legal

personality(Art. 104 and Art. 105 ) Case study:Advisory opinion of Reparation Case and

Nuclear Weapons Case

Individuals

Background and development of individual as subject of the law

Problem of procedural capacity A. Central American Court of Justice B. E C H R and ECJ

Other Entities--- Selected Anomalies

National Liberation Movement

The Holy See (the Vatican City)

Sovereign Order of Malta