38. States.

States comprise the principal type of international legal person. The vast majority of the rules of customary international law pertain to states, as do most treaties. Moreover, states enjoy by virtue of their mere statehood the capacity and equal right to participate in the creation and modification of customary international law, the capacity to enter into treaty relations with other states and international legal persons with treaty-making capacity, and the capacity to bring claims under international law for injury caused to them, including to their nationals, by the internationally wrongful act of another international legal person.

Whether an entity qualifies