This theory represents the modern and more moderate view regarding the subjection of the international law. It is of the point that, not mere states and individuals but also certain non-entities are the subjects of international law. To enhance Weightage of their point following arguments have been presented;
A. STATE IS SUBJECT OF INTERNATIONAL LAW
The theory clarifies that there should not be any controversy that whether the states are or not the subjects of International law. No doubt, a state is subject of international law in a sense that international law is the byproduct of various treaties and pact which the states sign. But it also negated the assumption that mere and mere state is the subject of International Law.
B. INDIVIDUALS ARE SUBJECTS OF INTERNATIONAL LAW
Along with states, the individuals constituting those states are also subjects of International Law. This fact is to be evaluated from following arguments;
- Today, several treaties carry no other objective but that of conferring certain rights and duties upon their citizens. For instance, states sign treaties regarding minorities to give them rights to seek aid from international law in case they are aggrieved by the state.
- Permanent Court of Justice held in ‘Danzing Railway Case’ that, “The court will recognize all those treaties made between states conferring rights upon individuals”.
- Geneva Convention on Prisoners of War secured particular rights for war prisoners.
- The Nuremberg & Tokyo Tribunals made to inquire war crimes concluded that; “Crimes against international law are committed against men and not by abstract entities. They are to be punished under International law”.
- Genocide Convention of 1948 also imposed certain duties directly upon individuals.
C. NON-ENTITIES ARE SUBJECTS OF INTERNATIONAL LAW
This theory stretched the margins carrying the subjects of International law and added non-state actors in it. These actors are those which perform the job that has not been authorized to them by the state. Insurgent, militants and even the rebels who do not accept the existence of a state are often heard under the international law.
D. INTERNATIONAL ORGANIZATIONS ARE SUBJECTS OF IL
The organizations of international stature whose constitutional provisions are governed by the International law are also treated as subjects of International law.