Subjects of international law
Public International Law: Alternative Seminar


The Initial Paradigm
´Only states are subjects of international law
!st seminar/ a few thoughts on subjectivity

Evolution
´International organization (20th century)
!st seminar/ a few thoughts on subjectivity

Individual
´Subject v beneficiary
´Direct versus derivate rights theories
!st seminar/ a few thoughts on subjectivity

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

The specific problem of partnership
´Should a partnership (and its functional equivalents) be considered subjects of international law?
´Should a partnership be considered to meet criteria of “juridical person” under an investment
treaty? ´What is the consequence of positive/negative answer to this question for the jurisdiction
of the investment tribunal?
´
!st seminar/ a few thoughts on subjectivity

Wirtgen et al. v. The CR
´Investor in normály either natural or legal person
´Respondent: whether KG is „juridical person“ under the BIT is governed by German law (renvoi to
domestic law)
´Claimant: „Juridical person“ under the BIT has an autonomous meaning
´Interpretation as per art. 31 and 32 Vienna Convention on the Law of Treaties:
´Good faith; ordinary meaning; context; object and purpose, etc.
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The line of thought by the Arbitral Tribunal
´Inclusio unius (other provisions of the BIT refer expressly to domestic law)
´A “generic meaning” (all-encompassing) of “juridical person” under the BIT
´German law provides attributes of KG, but whether such entity falls within the concept of
“juridical person” under the BIT is a matter of autonomous interpretation (qualification?)
´JP must have similar atrributes as a natural person
´Object and purpose: “favourable conditions”
´Reciprocity : the laws of The Czech Republic deem KG legal person
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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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Beyond…
´Environmental personhood:
´Animals
´Rivers
´Robots
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´Thank you.
!st seminar/ a few thoughts on subjectivity