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SUBJECTS AND OBJECTS

OF INTERNATIONAL LAW

SUBJECT
An entity with capacity of
possessing international rights
and duties of bringing
international claims.
One having international
personality on the basis of
conventional or customary
international law

If an entity is not a
subject of IL, may it
assume
characteristics of
international
Ex. Genocide
personality?
Convention

Examples of capacities associated


with the legal personalities of States

Capacity to make
international agreements
Engage in privileges and
immunities
Capacity to bring
international claims

Wrongful acts committed by a State


Every wrongful act of a state entails
the international responsibility of that
State
Breach of an agreement entails an
obligation to make reparation in
whatever form
(REPARATION - compensation in
money, material, labor, etc., payable
by a defeated country to another
country or to an individual for loss

Corfu Channel Case


In 1946, during the Greek Civil War, a series of three
encounters took place in theCorfu Channel, between
Albania and the United Kingdom.
On 15 May, the cruisers Orion and Superbandpassed
through the northern part of the Corfu Channel. Albanian
shore batteries opened fire on the two ships, coming within
200 yards (180m) of the squadron, but striking neither
vessel.The United Kingdom lodged a formal protest,
demanding an apology from Albania. Albania stated that the
ships had violated Albanian territorial waters, and asserted
that passage through the Corfu Channel required Albanian
permission. On 2 August, the United Kingdom stated that
Royal Navy ships would return any fire in the future.

On 22 October 1946, a Royal Navy


flotillacomposed of two cruisers and destroyers
Saumarez Volage, entered the Corfu Channel. A
destroyer hit a mine and 36 people aboard were
killed. Volage took her in tow, and hit another
mine.
On 12 and 13 November, the Royal Navy undertook
a mine clearance operation in the Corfu
Channel,Operation Retail, which took place in
Albanian territorial waters without advance
permission from that country. Subsequently, the
Albanian government formally complained to the
United Nations, describing the operation as an
incursion into Albanian territorial waters.
On 9 December, the United Kingdom demanded
reparations from Albania

The verdict
Albania is liable for the explosions that
occurred
Final settlement did not take place until the 1990s,

after the end of socialism in Albania.


The ICJ ordered Albania to pay the UK843,947 in
compensation (23.1million)
this represented 700,087 for the loss of
theSaumarez, 93,812 for damage to
theVolageand 50,048 for the casualties. The award
for theSaumarezhad been limited by the non ultra
petitarule, whereby the Court could not award more
than what had been claimed.As of 2012, it was the
only case in which the ICJ made an award in the form
of liquidated money to a state applicant.

Forms of Reparation
Restitution the responsible State is
under duty to re-establish the
situation which existed before the
wrongful act was committed
restitution must be materially
possible

Forms of Reparation

Compensation- pertains to the


damage caused by the wrongful act
insofar as the damage is not made
good by restitution
May include profits

Forms of Reparation
Satisfaction may consist in an
acknowledgment of the breach, an
expression of regret or a formal apology
Must be proprotionate to the injury and must
not be humiliating to the responsible State
It must, as far as possible, wipe out all the
consequences of the illegal act and reestablish the situation, which would, in all
probability, have existed if the act had not
been committed.