| Abstract [eng] |
The Master's work analyses the concept of international subjectivity and its constituent parts, and discusses the limits and scope of international subjectivity of subjects of international law. International subjectivity, firstly, refers to the incorporation of actors operating in international law into the international legal system, thus conferring on them the status of an international subject; secondly, it refers to the capacity of international subjects to possess and exercise international rights and duties. There are two types of international subjectivity: primary - unlimited subjectivity, in which the subject of international law possesses and exercises rights and obligations in their entirety; derivative - limited subjectivity, in which the subject can only act in certain areas. The components of international personality are: the capacity to have rights and obligations (legal capacity) and the capacity to exercise and enforce them (capacity to act). The scope of the rights and obligations of subjects acting in international law and the possibilities of exercising them vary, so that not all subjects of international law are equal. In such a case, it is important to determine the scope and limits of their rights and obligations and their ability to exercise them. This paper examines the limits and scope of the international personality of states, international organisations and natural persons. States are the only subjects of international law with primary personality. In theory, it is assumed to be acquired when they meet all the requirements for statehood, but in practice it is seen to depend on other factors such as the sovereignty of the state, its independence, and the recognition of the state or its government. In the absence of the latter criteria, a state may exist, but its subjectivity is limited. The international personality of individuals is also limited as they can only act in the international criminal, humanitarian and human rights spheres. The international personality of international organisations is limited to the purposes and functions set out in their constituent instruments. However, in the practice of international law, there is a tendency for international organisations to extend their competence beyond their functions and purposes, creating new subjects of international law. |
