Discussion On The Status Of Individual In International Law

One of the controversial problems in international law is that whether individualcould be the subject in international law. Traditional international law insisted thatstate was the only main subject of international law, however, as the soundness of thepolitical and legal institutions and development of the globalization, moderninternational law developed its subject to IGOS and nations who are struggling forindependence. Besides, the movement of the human rights gradually formed theindividual as the center of the individual values. And then the theory that individual(including corporate) is the subject of international law has been put forwardcontinuously.After the Second World War, the international community exchanges areincreasingly frequent. A lot of states established their sovereignty. Many nations hadfrequently contacts with other nations in many fields. As so many differences exist ininter-state, there must be plenty of conflicts. Certain behaviors had a closerelationship with individual. So establishing the status of individual is beneficial touse the international law correctly. Look backward of the history of the individual, ithas no diffidence between state and individual when refer to the subject of theinternational law at early time. And after the state has been the only subject,individual disappeared in the stage of the world. Nowadays, as the development ofindividualism and the movement of the human rights, more figures of individual can see on the international stage. Meanwhile, attention on individual situation isgradually improving, and more protection is offered on the international level.Although the author disagrees with the opinion that subject of the internationallaw includes individual, it is no doubt that individual plays an important role on theinternational stage, especially in the field of international human rights law,international criminal law and international environmental law. Individual, as theappending of the states, has some rights (right of petition) and undertakescorresponding obligations. But one case cannot rise to the international law.International law must be formed in the long-term intentional intercourse. These rulesalways have a general binding force.Since the scholars have a great dispute on the subject of international law, thisarticle would like to recognize the status of individual from the definition andessential conditions of the subject of the international law. There are three maintheories on this dispute:(1) the individual is the subject of international law and is theunique one;(2) state is the basic subject and individual is the limited subject ofinternational law.(3) individual is not the subject of international law. After analyzingthese three theories and the individual practice in international law, the author cancome to a conclusion that individual is not the subject of international law.