Public International Law Lecture 3
Subjects of international law
Monism: international law becomes automatically part of national law; national law is not
really separate from international law. You can invoke international law in the national law.
For example: The Netherlands, international law can be invoked at a judge (93 and 94 of the
Dutch Constitution) International law is prevailing over national law.
Dualism: international law does not become automatically part of national law. It is
however, not irrelevant. You can invoke international law, but only if it is changed and fit in
the national law, you cannot invoke international law directly, it must be transferred into
national law. F.e. UK
Subjects of international law
- States
o Statehood
o Acquisition of territory
o Recognition
- International organizations
o Two important cases:
ICJ, Kosovo
ICJ, Reparations for Injuries
- Corporations
- Individuals
- Armed groups
- Quasi-states
- NGO’s
Advantage of being a state: sovereignty; you are free to do in your territory whatever you
want, without other countries being interfered. You can enter into treaties etc. A State has
full legal personality; other subjects of international law do not have full legal personality.
States are the main actors. International organizations are being established by States.
However, they have a will of their own and do sometimes things States don’t like.
International corporations are registered in a certain country, but are corporations subject
to the law of the country of their registration, their home state. Therefore, they are not
subjects of international law. There is soft law that they could imply to human rights etc.
They can have certain rights.
The Holy See is not a state, but it is a subject of international law. It is actually an
international religious organization. The Pope is a norm-entrepreneur. It has acquired an
observer status, even though it is not a State. There are quite a lot of countries that has
diplomatic relations with the Holy See. Vatican City could be accepted as a state, because it
fulfils all the criteria for statehood, but it is not accepted by the UN as a state.
Armed groups are supposed to comply with the rules of war. They don’t have any status, not
even under domestic law. Almost all the states consider armed groups as a group of
gangsters. These groups lack international and national law.
Quasi-states are almost states, but not really. They function as a State, but they are not seen
Subjects of international law
Monism: international law becomes automatically part of national law; national law is not
really separate from international law. You can invoke international law in the national law.
For example: The Netherlands, international law can be invoked at a judge (93 and 94 of the
Dutch Constitution) International law is prevailing over national law.
Dualism: international law does not become automatically part of national law. It is
however, not irrelevant. You can invoke international law, but only if it is changed and fit in
the national law, you cannot invoke international law directly, it must be transferred into
national law. F.e. UK
Subjects of international law
- States
o Statehood
o Acquisition of territory
o Recognition
- International organizations
o Two important cases:
ICJ, Kosovo
ICJ, Reparations for Injuries
- Corporations
- Individuals
- Armed groups
- Quasi-states
- NGO’s
Advantage of being a state: sovereignty; you are free to do in your territory whatever you
want, without other countries being interfered. You can enter into treaties etc. A State has
full legal personality; other subjects of international law do not have full legal personality.
States are the main actors. International organizations are being established by States.
However, they have a will of their own and do sometimes things States don’t like.
International corporations are registered in a certain country, but are corporations subject
to the law of the country of their registration, their home state. Therefore, they are not
subjects of international law. There is soft law that they could imply to human rights etc.
They can have certain rights.
The Holy See is not a state, but it is a subject of international law. It is actually an
international religious organization. The Pope is a norm-entrepreneur. It has acquired an
observer status, even though it is not a State. There are quite a lot of countries that has
diplomatic relations with the Holy See. Vatican City could be accepted as a state, because it
fulfils all the criteria for statehood, but it is not accepted by the UN as a state.
Armed groups are supposed to comply with the rules of war. They don’t have any status, not
even under domestic law. Almost all the states consider armed groups as a group of
gangsters. These groups lack international and national law.
Quasi-states are almost states, but not really. They function as a State, but they are not seen
