State as a Subject of International Law

In public international law, the state is the primary and most important subject. It possesses international personality and is capable of having rights and obligations under international law.

1. Essentials of Statehood

The traditional criteria for statehood are derived from the Montevideo Convention (1933), Article 1. These are:

• Permanent Population: A stable community of people residing in the territory.
• Defined Territory: Clearly recognized borders, even if not entirely settled.
• Government: A functioning authority that exercises control over the population and territory.
• Capacity to Enter into Relations with Other States: Ability to engage in diplomatic and foreign affairs independently.

These four criteria form the legal foundation for recognizing an entity as a state under international law.

2. Recognition of States

Recognition is the formal acknowledgment by existing states of a new state's legal status. It may be:

• De jure: Full legal recognition.
• De facto: Temporary or limited recognition due to unstable conditions.

3. Not Fully Sovereign States

Some entities exhibit state-like characteristics but lack full sovereignty or recognition. Examples include:

• Palestine: Recognized by many UN members and enjoys observer status in the UN, but not universally recognized as a full state.
• Vatican City: A sovereign entity with diplomatic relations, yet unique in structure and governance.
• Taiwan: Functions as a state in practice, but not widely recognized due to the One-China policy.

4. Other Entities with International Personality

Besides states, certain non-state actors are also subjects of international law:

• International Organizations: Such as the United Nations, which have rights and obligations under international law.
• National Liberation Movements: Recognized under certain circumstances during decolonization (e.g., PLO).
• Individuals: Especially in the context of human rights, international crimes (e.g., ICC jurisdiction).
• Multinational Corporations: Increasingly important in treaties, trade, and international accountability.

5. Conclusion

The state remains the central subject of international law, but the international legal system recognizes a growing number of entities with limited or full international personality. Understanding the essentials of statehood and the evolving status of other actors is crucial for interpreting rights and responsibilities in the global legal order.

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Published by Pavan Law Chambers | Public International Law Series