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Subjects Of International Law: A Power-Based Analysis, Guido Acquaviva
Subjects Of International Law: A Power-Based Analysis, Guido Acquaviva
Vanderbilt Journal of Transnational Law
In this Article, the Author challenges the definition of the term "state" that is commonly accepted in legal scholarship as the basis for assessing whether an entity is a subject of international law. By analyzing a number of cases that do not fit into the "traditional" model--including the Holy See, Napoleon, and the Confederacy--the Author reaches the conclusion that the only essential element of a subject of international law is its sovereignty. An entity is sovereign when it is able effectively to assert that it is not subordinate to another authority: territory and population are therefore not essential attributes of …