Sociology | Mercantile Law | International Law | International Relations

EXPONENTS
Professor Openheim is among the exponents of the theory that mere state is subject of International law.

THEORETICAL VIEWS
Percy E. Corbett is of the opinion that, ‘mere state is the subject of international law and not the individuals’. He says that; “The triumph of positivism in the late 18th century made the individual an object of international law but it made state a subject of the same law”.

In lieu of this theory, the leftists including the ancient Soviet Empire stuck to this point and refused to consider any other in subjection of International Law except states.

CRITICISM

1. Aren’t Slaves & Pirates Individuals?
Major criticism on this theory is regarding the status of slaves and pirates who are treated under the international law as individuals. Slaves have always been treated under customary international law. Whereas, pirates are considered to be the enemies of the mankind who are to be tried by the state which captures them but again under international law?

So, under this scenario, how can this theory work which outcast slaves and pirates out of the subjection of International law?

2. Compensating the Individuals Performing Under International Law
It was held by ICJ in ‘Reparation for injuries suffered in the Service of the UN’ that; “UN has the capacity to bring an international claim against the state for obtaining reparation when an agent of the UN suffered injury in performance of the duties in circumstances involving the responsibility of a state”.

This decree consolidates the fact that, individuals are to be compensated under international law while they are performing their duties.