Reconsideration On The Individual As Subject Of International Law

In recent years,as the subject scope of the International Law keeps expanding,many entities have obtained the qualification of subject,which differs from the past that nation was the only subject recognized by International Law.Such change was generated from the increasingly accelerated development of internationalized process.Since the development of International Law is also changing rapidly,sole subject of International Law could no longer meet the demand of reality.As a consequence,the expansion of International Law subject scope is the inexorable outcome of self-evolution.As human rights campaigns keep emerging,and International Human Rights Law and International Criminal Law achieving progress,the view of individual is one of the International Law subjects was constantly being raised by many scholars who put forward their perspectives about whether individual possesses the subject identity of International Law from different angles.In consideration of the different opinions of those scholars,this paper explains and discusses individual’s subject identity of international law discipline from four aspects.The first part summarizes the historical evolution and development trend of international law subject,which covers from the jus gentium times of ancient Rome to modern era.The second part discusses whether individual has the rightful subject identity in the International Law through comparing and analyzing different views and main arguments both domestically and overseas.The third part introduces my personal opinion towards the current situation of subject status in some fields of International Law,including substantial law and individuals who have special identities.The fourth part talks about whether individual could have the subject identity in the International Law by analyzing three aspects,which are the rights,obligations,and effects of individual being the qualified subject of International Law.