Subjects of international law
Public International Law: Alternative Seminar


The Initial Paradigm
´Only state is subject of international law
!st seminar/ a few thoughts on subjectivity

Evolution
´International organization (20th century)
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Individual
´Subject v beneficiary
´Direct versus derivate rights theories
!st seminar/ a few thoughts on subjectivity

The content of the concept of individual
´Natural Persons
´Artificial persons (HR, investment protection)
´Tertium non datur?
´The Reparation of Injuries case before the ICJ (1949):
´No exhaustive list of subjects of international law
!st seminar/ a few thoughts on subjectivity

The relationship between international and national subjectivity
´Subjectivity versus capacity?
´Both natural and artificial persons were first subjects of a domestic law
´Is there ay link between national and international subjectivity?
!st seminar/ a few thoughts on subjectivity

Diplomatic protection
´Natural person – protected by the state of nationality (The Nottebohm case) ´Artificial person –
protected by the state of registration (The Barcelona Traction Case)
´Both persons embedded in a national law
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The specific problem of nasciturus
´Is nasciturs subject of international rights?
´What are the consequences of positive or negative answer?
´What can we gather from Vo versus France?
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The specific problem of partnership
´Should a partnership (and its functional equivalents) be considered subjects of international law?
´Should a partnership be condiered tom meet criteria of “juridical person” under an investment
treatz< ´What is the consequence of positive or negaitve answer to this question for the
jurisdiction of the investment tribunal?
´
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It depends…
´Dualism versus monism
´“Autonomous” versus “derived” subjectivity
´Interpretation of the treaty conferring rights on an entity is important (VCLT)
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Amici curiae
´Involved in international dispute procedures more often than ever
´Why is it so?
´What is theri role?
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My view on amici
´States and indivudials (like investors or petitioners ot the ECtHR) seek their own interest in
litigation ´Thus some interesta are under-represented (e.g. Of a tribe in an arbitration between
the US and investor) ´Amici may provide an expert insight into the matter (medical, religious,
working conditions etc.)
´A disdvantage: Their participation may extent the time of the litigation
!st seminar/ a few thoughts on subjectivity

Beyond…
´Animals
´Rivers
´Robots
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´Thank you.
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