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On The Subject Qualification Of Individuals In International Law

Posted on:2020-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:M L FangFull Text:PDF
GTID:2416330578455626Subject:International law
Abstract/Summary:PDF Full Text Request
At present,the international community is developing rapidly.Under the background that the global economy and politics are inseparable,the role of individuals in the international community is becoming more and more prominent.Individuals are closely connected with the international community.To regulate the behavior of individuals in the international community,the discussion as a subject of international law is becoming increasingly fierce.Before the emergence of modern international law,most scholars of international law advocated that the subject of international law was only a state,and only sovereign states had an international personality.At that time,the overall situation of the international community was that national interests and national interests were above all else.The situation of the international community was more stable than economic development.By establishing international treaties,international norms,and setting up international organizations,it provided security for all countries.Thus,in the context of the time,individuals could not or rarely participate in international activities,which is equivalent to no “use of land”.Only the state has the ability to conduct military,diplomatic and other international activities.But nowadays,as an indispensable role in the international arena,individuals are frequently and intensively involved in international social activities.The continuous improvement of personal values in the international community makes it necessary for international jurisprudence to study the subject qualifications of individual international law and to re-understand the individual’s status as the subject of international law.In addition to the introduction,this article will be discussed in four chapters.The first chapter is mainly to re-recognize the scope of the main body of international law.From the early conflation of the main countries of international law to the individual,to the prevailing period of the modern international law sovereign state,the state’s only subject theory has been generally endorsed,and then the subject of modern international law has expanded,and finally the individual’s internationallaw subject qualification is analyzed from the perspective of today’s international society.The second chapter is about the different doctrines and comments of the international legal scholars on the subject qualification of individual international law.Three different academic viewpoints are presented.Different theoretical viewpoints are helpful for providing a reference for studying the subject status of individual international law.Therefore,the deep meaning of these theoretical viewpoints is comprehensively analyzed.The third chapter expounds the status of individuals in current international law,analyzes the promotion of individual subject status from international human rights law,national environmental law and international criminal law,and concludes that today’s individuals can be the subject of international law and demonstrate individual international law by combining international law practice.In the status of the subject,individuals not only enjoy rights but also take responsibility,enumerating far-reaching trials in international history,such as the Nuremberg Tribunal and the International Criminal Court.The fourth chapter summarizes the nature of individuals becoming the subject of international law,recognizing the necessity and importance of individuals becoming the subject of international law,and extending their thinking and analysis.
Keywords/Search Tags:individual, international law, subject, responsibility
PDF Full Text Request
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