Overview
This lecture explores the main actors in international law, moving beyond states to consider international organizations, individuals, and non-state actors, examining how power and responsibility are distributed on the global stage.
Definition and Criteria of a State
- States are the primary subjects of international law, traditionally linked to sovereignty and legal personality.
- The Montevideo Convention (1933) defines a state by four criteria: permanent population, defined territory, government, and capacity to enter relations with other states.
- Applying these criteria is complex—stable community, flexible borders, and effective government control are not always clear-cut.
- ICJ cases, like Monetary Gold and Kosovo, highlight that political recognition can matter as much as legal criteria for statehood.
Challenges to Statehood and Recognition
- Recognition is often political—e.g., Kosovo is recognized by 104 states, Palestine by 145, despite ongoing disputes.
- Territorial disputes (e.g., Western Sahara) persist despite ICJ opinions and UN intervention.
- Failed states (e.g., Somalia) may retain legal status even with collapsed governance due to prior recognition.
- Secession/successful self-determination needs international support (e.g., South Sudan); local will alone is insufficient (e.g., Catalonia).
- Annexation without consent (e.g., Crimea) is widely condemned as illegal under international law.
International Organizations (IOs)
- IOs like the UN possess independent legal personality and can act, sue, or be sued internationally (established by the ICJ in 1949).
- Organizations such as WTO have significant regulatory power affecting global trade and state behavior.
Individuals as Subjects of International Law
- Individuals now have international rights and responsibilities (e.g., ICCPR).
- International courts (e.g., ICC) hold individuals accountable for crimes (e.g., Lubanga case—child soldiers, Bemba case—command responsibility).
- Enforcement of individual responsibility depends on state cooperation.
- Individuals can petition international bodies if domestic remedies fail (e.g., 2025 Australian case).
Non-State Actors
- Includes multinational corporations, NGOs, and liberation movements.
- Corporations face growing legal accountability for actions (e.g., Shell, Exxon lawsuits).
- NGOs influence law by advocacy, evidence gathering, and pressuring states (e.g., Amnesty International).
- Liberation movements and contested groups can negotiate and hold observer status, influencing international law despite ambiguous recognition.
Key Terms & Definitions
- State — Primary subject in international law, meeting Montevideo criteria.
- Montevideo Convention — 1933 treaty outlining statehood criteria.
- International Organization (IO) — Entity like the UN with its own legal personality.
- Recognition — Political acceptance by other states, essential for practical statehood.
- Failed State — Recognized state with collapsed or ineffective government.
- Self-determination — Right of peoples to choose sovereignty, often limited by international support.
- Non-State Actor — Influential global entity not formally a state, including corporations and NGOs.
Action Items / Next Steps
- Reflect on how increasing influence of corporations and individuals may impact traditional concepts of state sovereignty and borders.
- Review lecture notes for further examples and key cases.