international law, sometimes referred to as international public, operates special concepts that distinguish it from a number of other branches of law.And one of these differences appear subjects of international law.
General
speaking of the right in general, it is impossible not to pay attention to subjects, regardless of which section is considered the industry.And international can not exist without the disclosure of the theme of his subjects.
subjects of international law are the participants relations in the collision point of sovereignties.These traditionally include states, international organizations, state-like formation and nation (people), fighting for self-determination.
Why these entities belong to the sector in question right?The answer is simple: they have special features that set them apart from the rest.The list of such features is limited, but the recognition of a subject related to international law, it must strictly comply with them.
So the first sign is sovereignty.It means that the subject of international law can operate in foreign relations quite independently.This means that he has the right to defend their rights, must fulfill its obligation to respond to the laws framed for failure, improper performance of duties, or for damages.
The second sign is the international recognition.This means that the subject of international law is considered as such if and only if followed by such provision was enshrined by the international community.
These two features and determine the division of subjects in the species.
Traditionally, scholars have identified two main types - primary and secondary subjects of international law.As noted earlier, such a division is provided by the above features.
The primary attribute is usually the state and the peoples fighting for self-determination.This status of these two entities ensures that sovereignty.More specifically, the position of the people, always acting the source of sovereignty.It is worth noting that the state still have a great influence in this branch of law, rather than the peoples fighting for self-determination.This distinction is motivated by the fact that states have the right to create a type of secondary actors.
The second group included international organizations and state-like formation.The international organization is a kind of "product" of activity in the international arena.Depending on how, why and where they are, they emit ten species:
- on the extent of - regional, international, inter-regional;
- for the purpose which they pursue, - military, economic, linguistic, religious, etc.
But with respect to state-like formations are not so simple.Firstly, they meet nearly all featured state except any one.Secondly, in the framework of international law, they are not protected by the worldwide recognition, and special agreements concluded by the countries concerned.
subjects of international private law and the public - what's the difference?
Returning to the question of how to call this branch, it should be noted that there is a group of authors who believe that private international law is a mandatory part of the international.However themselves subjects of international law deny this postulate.
Thus, as previously mentioned, in international law operate four main subject.But in private international situation is a little different.Thus, the subjects of private international law in addition to the above (state, international organization, a people fighting for self-determination and state-like formation), also include individuals, non-profit and commercial organizations.
And because you can not claim that private international law is part of the international.But to say that these are two unrelated industries, can not be, becauseboth operate, for the most part, the same regulations.
