INVIDUAL BETWEEN BEING AND NOT BEING SUBJECT TO PUBLIC INTERNATIONAL LAW

Cristina Ghergheș
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Cristina Ghergheș: Independent researcher

Law, Society & Organisations, 2017, issue 3 (2/2017), 79-81

Abstract: The individual was the subject of many discussions and doctrine. Thus, on the one hand, there are authors who recognize the individual as a subject of public international law, and on the other hand authors who refuse to recognize this quality. The problem that I tried to develop in this paper is whether the individual, as an individual, can be assigned or not a subject of international law, given that, according to some authors state is just a fiction, an instrument for promoting the collective interest and its acts are accomplished through individual and the rule of law can not be a smart address that you are able to understand and comply, as the individual. And in parallel, we view those authors who believe that while the individual does not have international legal personality, He benefits from a certain status in international law through the availability of states to work together and engage to promote human rights. But only as individual legal norm addressee and therefore does not involve the subject of international law. The individual should be simultaneously not only the recipient but also the creator of the norm, yet unrecognized role. But the individual cannot ignore, however, the benefit of a particular state through the state because he participates in the creation of international law.

Keywords: Individual person; A subjectof international law; Public international law (search for similar items in EconPapers)
Date: 2017
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