Znaczenie istotniejszych atrybutów podmiotowych dla ustalenia podmiotowości międzynarodowoprawnej
The Significance of Essential Subjective Attributes in Determining Subjectivity Under International Law

Summary/Abstract: Current approaches to subjectivity do not stress the notion of attributes of international subjectivity. The definitions of subjectivity embrace this category in general terms (concentrating on the implication of rights and obligations directly from international law), granting such status mainly to individual entities. The resultant increase in the number and quality of potential international entities would make international turnover virtually impossible. This would in turn imply granting international subjectivity to concerns and carriers of domestic law, thus obscuring the scope and subjectivity of particular structures. Hence, clear research assumptions are needed as well as efforts to determine what subjectivity is. These are tentatively formulated in this article with the subjective attributes (i.e. the most essential and constituting qualities) emphasised. The range of subject categories is wide (states and their in statu nascendi forms, international organisations, recognised entities other than states and organisations, international bodies and conferences). An analysis of the normative aspect and implementation of international subjectivity makes it possible to exclude entities and persons from having such status.

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