ABSTRACT

The principle that international law is part of municipal law means in effect that rights, and duties created by international law are directly applicable to individuals through the instrumentality of municipal courts and that, to that extent, individuals are subjects of the law of nations. It has been debated as part of the controversy whether not only States but also individuals are subjects of the law of nations. With regard to individuals, the discussion has centered largely on the question whether they possess or can possess rights given to them directly by customary international law and treaties. The orthodox positivist doctrine has been explicit in the affirmation that only States are subjects of international law. The international personality of international public bodies not only constitutes additional evidence of the inaccuracy of the traditional doctrine according to which States are the exclusive subjects of international law.