Public international law

Before the Second World War, international law deemed* states the sole subjects* of international rights and duties while individual human beings were merely the objects* of international law. Individuals were unable to

seek remedies* for injuries suffered at the hands of other states. It was for the national state to adopt the grievance* and seek compensation* at the international level. As a result, any awards made in settlement of an international claim* belonged to the state and payments made to individuals suffering the wrong* were essentially discretionary*.

Thus states exclusively possessed the rights to enter into international obligations*, to seek redress* for injuries*, to exercise international rights and to acknowledge international duties. International law was the creation of states and exclusively regulated the relations between states. Colonies, protectorates, mandate and trusteeship territories were non-state entities* and could not be the subjects of international obligations.

A number of major inroads* have been made into this traditional doctrine. Firstly a twilight category* of semi-states has come to exist since 1945 which exercise limited sovereignty and international personality.

Clearly these semi-states have become limited subjects of international law.

The second major erosion* of the principle that states are the main subjects of international law has occurred as a result of the proliferation* of international organisations and agencies. In the Reparations Case (1949), the International Court declared that the United Nations had international personality for the purposes of initiating an international claim against Israel for wrongs committed against its officials. This capacity had to be exercised in an intra vires* manner which meant that the capacity of the organisation was limited to the express and implied powers of the organisation in the regulation of international affairs.

Notes

deem — книжн. полагать, считать the sole subjects — единственные субъекты the objects — объекты

seek remedies — искать средства правовой защиты adopt the grievance — принимать жалобы seek compensation — требовать возмещения suffer the wrong — причинить вред discretionaly — по своему усмотрению

enter into international obligations — принять на себя между­народные обязательства redress — возмещение injuries — вред, ущерб entities — организации inroads — посягательство, вторжение twilight category — неясная категория

erosion — разрушение proliferation — распространение intra vires — лат. внутренний

Ответьте на вопросы.

1. Give the defenition of public law.

2. Name a variety of functions law serves.

3. What does public law concern?

4. Why is United States constitutional law considered the most extensive
and pervasive of any country?

5. What does private law involve?

6. What was the essence of the traditional doctrine of public inter­
national law before the Second World War?

7. Who possessed exclusively the rights to enter into international
obligations, to exercise international rights and to acknowledge
international duties?

8. By whom was the international law regulated?

9. What caused changes in the traditional doctrine?

10. What was the role of international organisation and agencies in changing the principle that states are the main subjects of international law?

Unit Eight