II.

SUBJECTS OF INTERNATIONAL LAW

SUBJECTS
An ENTITY that has rights and
responsibilities under
international law
Can be a PROPER PARTY in
transactions involving the
application of the law of
nations among members of the
international community
OBJECTS
A PERSON or a THING in
respect of which rights are held
and obligations assumed by
the subject
Not directly governed by the
rules of international law

STATES

State
- a group of people, living together in a fixed territory
- organized for political ends under and independent government
- and capable of entering into international relations with other States

Elements of a State
- Permanent Population
- Defined Territory
- Government
- Capacity to enter into relations with other States

Characteristics Statehood
- Ability to enter into treaties and other agreements with other States
- Exclusive competence with respect to purely domestic affairs
- Freedom from the jurisdiction of international tribunals

Under International Law, a GOVERNMENT is MERELY AN ELEMENT OF A STATE.

- Regardless of how many times a government changes, such changes generally have no effect on Statehood.

Other Suggested Elements of a State

- Civilization
- Recognition
o The act by which a State acknowledges the existence of another State, a government or a belligerent
community
o And indicates its willingness to deal with the entity as such under international law
- Willingness to Observe International Law

THEORIES ON RECOGNITION
a. Constitutive (Minority View)
o recognition is COMPULSORY and LEGAL
o may be compelled once the elements of a State are established

b. Declarative (Majority View)

o Recognition merely AFFIRMS AN EXISTING FACT, like the possession by the State of the essential elements.
o Discretionary and Political

BASIC RULES ON RECOGNITION

o It is a POLITICAL ACT and mainly a matter of policy on the part of each State
o It is DISCRETIONARY on the part of the recognizing authority
o It is EXERCISED by the POLITICAL (executive) department of the State
o Its legality and wisdom is NOT SUBJECT TO JUDICIAL REVIEW

KINDS OF RECOGNITION
- May be EXPRESS or IMPLIED, may also be:

- DE FACTO:
o Extended by the recognizing State, which believes that some of the requirements for recognition are absent.
o Recognition is generally provisional and limited to certain juridical relations

- DE JURE:
o Extended to a government fulfilling the requirements for recognition.
 o When there is no specific indication, recognition is generally considered as De Jure.

EFFECTS OF RECOGNITION
- Diplomatic relations
- Right to sue in the courts of the recognizing State

CREATION OF STATES
- By revolution
- Unification
- Secession
- Assertion of independence
- Agreement
- Attainment of civilization

EXTINCTION OF STATES
- By extinction or emigration en masse of its population
- Loss of territory
- Overthrow of government resulting in anarchy

PRINCIPLE OF STATE CONTINUITY – the State continues as a juristic being notwithstanding changes in its circumstances,
provided only that such changes do not result in the loss of any of its essential elements

CLASSES OF STATES
- Independent – has freedom to direct and control foreign relations without restraint from other States
- May be:
o Simple – single central government
o Composite – two or more sovereign States joined together to constitute one international person

- Dependent – an entity which, although theoretically a State, does not have full freedom in the direction of its external
affairs, such as protectorate

- Neutralized – whose independence and integrity are guaranteed by an international treaty on the condition that such
State obligates itself never to take up arms against any other State

THE VATICAN CITY and THE HOLY SEE

- The Holy See ostensibly has all the constituent elements of Statehood
- An international person with which the Philippines had diplomatic ties since 1957

COLONIES AND DEPENDENCIES

Colony – a dependent political community consisting of a number of citizens of the same country who have migrated therefrom to
inhabit another country, but remain to the mother State

Dependency – a territory distinct from the country in which the supreme sovereign power resides, but belongs rightfully to it, and
subject to the laws and regulations which the sovereign may prescribe

TERRITORIES UNDER INTERNATIONAL CONTROL or SUPERVISION

- These are non-self-governing territories which have been placed under international supervision or control to insure their
political, economic, social, and educational advancement
- An example are MANDATES – which are former territorial possessions of the States defeated in World War I and placed
under the control of the League of Nations
- These mandates became TRUST TERRITORIES placed under the Trusteeship Council of the United Nations

The UNITED NATIONS

UN Charter – technically, a TREATY, a contract which the parties must respect under the doctrine of PACTA SUNT SERVANDA
- Also applies even to non-member States

*Amendment
*Purposes
*Membership