Topic: PUBLIC INTERNATIONAL LAW: Subjects of International Law: States

I. Introduction: Overview of Public International Law Public International Law (PIL) governs relations between entities with international legal standing or personality. Among these entities, States are the principal subjects, playing a primary role in the creation, development, and enforcement of international law. Understanding the legal concept of a State is fundamental to analyzing the structure and nature of international relations and law.

II. Definition and Criteria of Statehood In international law, a State is defined as a political entity that possesses the attributes of sovereignty and operates independently within a defined territory. The classical definition of statehood is rooted in the Montevideo Convention on the Rights and Duties of States (1933), which establishes the following four criteria for statehood:

Permanent Population: A stable and permanent group of people residing within the territory of the State. This population must have some form of social organization.
Defined Territory: A State must have a recognized and defined geographical territory. There is no requirement for exact or settled boundaries, but the core territorial extent must be determinable.
Government: The existence of a central authority that exercises control over the population and the territory. This government must have the capability to enforce laws, maintain order, and engage in foreign relations.
Capacity to Enter into Relations with Other States: This requires a degree of independence in conducting foreign affairs, whereby the State is not under the legal authority of any other entity.

Notably, the Montevideo Convention’s criteria are widely accepted, but not universally binding. In practice, recognition by other States often plays a crucial role in confirming statehood.

III. Recognition of States Recognition is the acknowledgment by existing States of the existence of a new entity fulfilling the criteria of statehood. Recognition can be:

De Jure Recognition: Full legal recognition of a State’s sovereignty, implying that it fully meets the Montevideo criteria and operates independently.
De Facto Recognition: Temporary or provisional acknowledgment of a State's existence. This is often granted when an entity exercises sufficient control over a territory but lacks certain elements, such as international legitimacy or effective governance.

Recognition is generally discretionary and political, but in international law, it has legal effects. A non-recognized entity cannot enjoy the full rights and obligations of statehood in its dealings with recognizing States.

IV. Sovereignty A core characteristic of a State in international law is sovereignty—the supreme power by which a State governs itself without external interference. Sovereignty is divided into two dimensions:

Internal Sovereignty: The authority of the State over its territory and population, involving the power to create and enforce laws and govern autonomously.
External Sovereignty: The capacity of a State to engage in international relations and enjoy immunity from the jurisdiction of other States. It underscores the principle of non-interference in the domestic affairs of States, a central tenet of the UN Charter.

V. Legal Rights and Duties of States States, as subjects of international law, have rights and duties defined by treaties, customary international law, and general principles of law. These include:

Rights:
- Right to Sovereignty: Freedom from external interference in internal matters.
- Right to Territorial Integrity: Protection against the forcible seizure or occupation of its territory by another State.
- Right to Self-Defense: As enshrined in Article 51 of the UN Charter, States have the inherent right to defend themselves against armed attack.
- Right to Diplomatic Immunity: States and their diplomatic agents enjoy immunity from the jurisdiction of other States while conducting official functions.
- Right to Self-Determination: States have the right to freely determine their political status and pursue their economic, social, and cultural development.
Duties:
- Duty to Abstain from Threat or Use of Force: Under Article 2(4) of the UN Charter, States are prohibited from using force or threatening to do so against the territorial integrity or political independence of any State.
- Duty to Settle Disputes Peacefully: States are obligated to seek peaceful solutions to conflicts through diplomatic means, such as negotiation, mediation, or adjudication (Article 33 of the UN Charter).
- Duty to Respect International Law: States must comply with their treaty obligations, respect customary international law, and honor general principles of international law.
- Duty to Protect Human Rights: States have the duty to protect the human rights of persons within their territory, as codified in various international instruments such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR).

VI. State Succession State succession refers to the legal process by which one State assumes the rights and obligations of another due to changes in sovereignty, such as:

Dissolution (e.g., Yugoslavia).
Secession (e.g., South Sudan from Sudan).
Annexation (e.g., Crimea by Russia).
Decolonization (e.g., former colonies gaining independence).

International law addresses State succession in terms of:

Succession to Treaties: Whether the new State inherits the predecessor’s treaty obligations.
Succession to Property and Debts: Transfer of State property and debt obligations.
Succession to Membership in International Organizations: The legal status of the successor State in relation to organizations like the United Nations.

VII. Special Categories of States

Failed States: States where central authority has collapsed, and the government cannot exercise effective control over its territory or population (e.g., Somalia in the 1990s). Despite this, failed States remain subjects of international law.
Belligerent Occupation: A situation where a State occupies the territory of another during armed conflict. The occupying State must respect the rights and obligations of the international law of occupation (under the Geneva Conventions).
Neutral States: States that maintain neutrality during an armed conflict between other States. Neutral States must refrain from supporting any belligerent party and their rights of non-interference are protected by international law (e.g., Switzerland).

VIII. Non-State Actors and Their Relationship with States While States are the primary subjects of international law, non-State actors, including international organizations (e.g., the UN), non-governmental organizations (NGOs), and individuals, increasingly play significant roles. However, their legal standing differs from that of States. States remain the foundational subjects of PIL, with unique rights and responsibilities that non-State actors do not fully possess.

IX. Conclusion States are the principal subjects of public international law, possessing the legal capacity to exercise sovereign rights, enter into international agreements, and engage in diplomatic relations. The concept of statehood, shaped by criteria outlined in the Montevideo Convention and customary international law, remains central to the structure of international relations. Understanding a State's rights, obligations, and legal personality within the international system is vital for comprehending broader issues of governance, diplomacy, and conflict resolution in international law.