The Company As an International Legal Entity Authority
In essence, multinational companies are (national) legal entities registered in a country, so in fact multinational companies are only subjects of national law, and not subject to international law. [1]
Another case with a company which is an international legal entity is the Authority, according to the author it is a subject of international law (in a limited sense). The legal basis is regulated in article 170 of the UN convention on the Law of the Sea (KHL 1982), which determines the following:
The company is an authority that must carry out activities in the region directly, in accordance with article 153 paragraph 2 a, as well as the transportation, processing and marketing of minerals produced from the area.
The Company, in the framework of acting as an international legal entity, has the legal authority as stipulated in the statute as stipulated in annex IV. The company acts in accordance with this convention and the provisions, regulations and procedures of the Authority as well as general policies determined by the Assembly and subject to the direction and supervision of the board. The company has a head office located in the seat of the Authority.
As an International legal entity and in accordance with the Articles of Association of the company which is Annex IV KHL 1982, it has legal status, privileges, and immunity. In this regard Article 13 of the Company's Articles of Association determine;
In order for a company to carry out its functions, the status, privileges and immunities stipulated in this article must be granted to companies in the territories of the participating countries where special agreements must be entered into.
The company has the legal capacity needed to carry out its functions, and to achieve its objectives it has the capacity;
1). Enter into contracts, joint arrangements or other arrangements, including agreements with countries and international organizations.
2). Getting, renting, mastering and selling wealth, both movable and immovable.
3). Become a party to the legal process.
Based on the description above, there is no doubt that the company as an international legal entity is the subject of international law. Because it has legal status (personal international law), has special rights and immunities in the territories of the participating countries, has the capacity to make contracts and agreements with international countries and organizations, and he can be a party to the legal process.
Warring Parties
War is not solely due to the statement of a party to wage war, but is more synonymous with a "rebellion" against a particular country. In the context of international law the word "rebellion" in English has three terms, namely insurrection, rebellion and revolution. Schuman gives a definition of the three terms as follows;
In general an Uprising directed towards a radical modification of the existing political or social order throughout the whole territory of a state is reffered to as a revolution, while the word rebellion is more frequently confined to efforts on the part of a portion of a state to throw off the authority of the remainder. Insurrection usually refers to smaller movements in scope and purpose than those described by the other terms. [1]
Generally translated, the revolution aims to radically overhaul a political or social structure throughout the country, rebeli is the struggle of some parts of the country to overthrow power in other regions and insurrection are broad activities and the aim is narrower than revolution and rebellion.
Based on Schuman's description above, it can be concluded that the emergence of a warring party (belligerent) in a country is preceded by an insurrection (rebellion with a small scoup), which then extends to rebellion (rebelli) and then rebelli is able to change its status to become a party war must meet the conditions (objective). [1]