From the Peace of Westphalia (1648) till the creation of the United Nations system, it was considered that the 'State' was the sole subject of international law: that international law only applied as between States. States, as the subjects of international law had international personality which meant that they had the right to have their claims respected internationally.
The International Court of Justice, in its 1949 Reparations of Injuries Advisory Opinion, confirmed that other entities could be subjects of international law. Though it made plain that while States possess all the rights and duties on the international plane, that other entities such as Inter-Governmental Organizations, as well as the Individual, and Multi-National Corporations, might posses rights and duties which States would ascribe to them.
James Crawford, Whewell Professor of International Law, University of Cambridge, author of the The Creation of States in International Law, speaks about the State and the notion of effectivité.
James Crawford, The Creation of States in International Law, 2006.
Reference is ordinarily made to Article 1 of the 1933 Montevideo Convention on the Rights and Duties of States as being indicative of the criteria required to be established as a State in international law:
The state as a subject of international law should possess the following qualifications:
Population and Territory
Vatican City, established by the 1929 Lateran treaties, is the smallest State in the world consisting of 106 acres; there are only 200 citizens and it is represented by its government -- the 'Holy See' -- in international relations.
Despite its limited size (territory) and non-perpetuating citizenship (population) Vatican City has an effective government and is recognized by more than 150 States, making it a full-fledged member of the community of States.
Recognition - The "Turkish Republic of Northern Cyprus"
In law, a State must fulfill two objective and two subjective criteria. It must have a population and territory. But beyond these, it must meet the subjective assessments of other States as to whether it has effective control over that population and territory by means of a government, and the ability to carry out international relations. This final criterium is manifested through other States 'recogning' a new State as becoming a member of the club of States.
The issue of ‘recognition' as an attribute of the State was at the heart of a visit to the so-called Turkish Republic of Northern Cyprus in November 2003. Although this entity has a population, territory and a government asserting effective control, no other State beyond Turkey recognizes this ‘State', which came into being as a result of an invasion by Turkish forces in 1974. As such, the vast majority of the international community does not recognize it as State.
Inter-Governmental Organizations
Inter-Governmental Organizations are entites that are constituted by States, have States as their members and are based on a constitutive treaty. In the 1949 Reparations of Injuries case, the International Court of Justice recognized that the United Nations (like other IGOs) has 'functional personality'; that is: legal personality to the extent required to carry out the tasks which States have assigned to it.
Intergovernmental Organizations
The International Law Video Library dedicates a page to various IGOs and considers the various issues which may well be unique to specific inter-govermental organizations. To visit the site: click here.
As a subject of international law, the individual has both rights and obligations. Rights are manifest in International Human Rights Law, while obligations are generally encompassed within International Criminal Law.
International Human Rights Law
The International Law Video Library has a specialized "International Human Rights Law Video Library" devoted to the various facets of international human rights law. To visit that Library click here.
International Criminal Law
The International Law Video Library hosts a web-page which considers items related to International Criminal Law. To visit the page click here.
Links
1933 Montevideo Convention on the Rights and Duties of States
Turkish Republic of Northern Cyprus
Consider the elements of ‘recognition' as put forward by the Swiss Foreign Ministry