Subjects of Law

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Prinicples of Intl Law 27/10/2014 Subjects of Intl Law A subject of international law is an entity capable of possessing the rights and duties under international law. The entity has the capacity to take certain types of actions on the intl arena. The term international legal person is commonly used in reference to such entities. Issues of whether and entity is a subject if international law arise in various context, such issues arise in relation to the following questions: * Does the entity have the capacity to make treaties which are governed by international law? * Does the entity have the capacity to make claims for breaches of international law? * Does the…show more content…
For example: the Court of Justice of the European community’s allows individuals to bring cases before it. Tribunals are also authorized to hear cases brought by companies at the international level in some cases international law also contemplates the rights of groups of people which have not yet becomes states. For example: it is generally agreed that the right of self determination is a right held by people living in particular political units. It is also to be noted that the ICJ does not hear cases brought by individuals and companies. Title to Territory Starting in the late 15thc and early 16thc, European powers saw to justify their expansion through doctrines which relied on the Roman law relating to title to land. These doctrines formed the basis of traditional law in this area. Under traditional law a state was said to derive title to territory in one of the following ways: * Cession- involves the transfer of territory from one state to another this is normally done by a treaty. For example, following the Napoleonic wars the treaty of Vienna in 1850 resulted in the transfer of Norway from Danish to Swedish sovereignty. It is important to note however, that if a state does not have proper title over a surgeon territory it cannot validly seed that territory to another state. Cession is therefore said to be a derivative mode of acquisition. The Island of Palmas
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