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E-: Subjects and sources of International Law

6 important questions on E-: Subjects and sources of International Law

What are the subjects of international law?

States
International or governmental organizations
Individuals
Multinational corporations
Non-governmental organizations

Why are IO's created?

International, or inter-governmental, organizations are created by states to carry out tasks of mutual or collective interest.

What are the most obvious rights conferred on individuals?

The substantive and procedural rights under international human rights treaties, such as the ECHR and the ICCPR

What are the most explicit international obligations for individuals?

The most explicit international obligations for individuals can be found in the field of international criminal law, which establishes direct individual responsibility under international law. --> Rome Statute e.g.

How can Multinational corporations be granted rights (and, to a lesser extent, obligations)?

Under Bilateral Investment Treaties, which are concluded between states to protect and attract foreign investments. In case of a dispute (e.g. concerning nationalization of assets), corporations are typically given the right under BITs to take host states to international arbitration, which implies that they do, in fact, possess a limited degree of international legal personality.

What does the pacta sund servanda rule concerning treaties mean?

The pacta sund servanda rule is a customary rule of International law and had been codified in art. 26 of the VCLT. The rule stipulates that every treaty in force is binding upon the parties to it and must be performed by them in good faith.