STATE AND INDIVIDUAL AS SUBJECTS OF INTERNATIONAL LAW

Author – Aakriti Jaipuriar & Debapriya Biswas, Student at Amity Law School, Noida

Best Citation – Aakriti Jaipuriar & Debapriya Biswas, STATE AND INDIVIDUAL AS SUBJECTS OF INTERNATIONAL LAW, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 588-596, ISSN – 2583-2344.

ABSTRACT

International law, in all its essence, is a set of rules that helps to regulate the relations between nations at a global level; most of which, if not all, are mutually agreed upon by the nations themselves through treaties, conventions and seminars. However, while international law may look like it only deals with the nations, it not only affects the States but also the individuals in the said States as well as any organisation made at an international level by them; especially since the dawn of the era of the internet.

This paper focuses on the question of whether individuals, who are affected by international law just as a State, are considered a subject. How individuals gained their position as a subject of international law is also explored in detail along with a brief historical view of their position in the 1900s.

The paper also compares the position as well as rights and duties of a State to that of an individual, drawing a stark contrast in the disposition of both the subjects despite being theoretically treated equally and in similar power. Other ancillary facts and aspects of international law are also briefly discussed in the context of the respective subject. Lastly, the paper concludes with a critical analysis of the position of the State and individual as subjects of international law while drawing out a stark contrast between the weaknesses and strengths of each subject along with plausible solutions suggested in the conclusion.