Reconsideration On The Individual As Subject Of International Law

The question of the individual as subject of international law is the controversial question about the fundamental theory in international law.Many scholars have their own definition about subject of international law.As far as I am concerned,I prefer the definition which given by HaoPei LI:The subject of international law is the entity whose acts were stipulated by international law,and whose right or obligation were produced from international law.The discussion about the position of individual in the international law,especially the discussion about the individual as subject of international law,be of momentous current significance and far-reaching historical significance.Nowadays,there are three different viewpoints on this question in this field of international law,they are:ⅠThe individual is the subject of international law and is the unique one,Duguit and Nicolas·Politis both hold this viewpoint;ⅡThe individual is not the subject of international law at all,Chinese scholar TieYa Wang had said:the individual is not the subject of international law,and the viewpoint also is the main viewpoint in China;Ⅲthe individual is the partial subject of international law, this viewpoint is main viewpoint in the west,and was written by the OPPENHEIM' s International law(Ninth Edition).Chinese scholar HaoPei LI and Korea scholar Binghua Liu also take this viewpoint.Nowadays,the main viewpoint in China,individual is not the subject of international law.But I think the viewpoint should be reconsidered. Nowadays,individual play more important role in the international society. In addition,in the practice of international law,individual can enjoy the right from international law directly;individual can bear legal liability from international law directly;individual can make an action in the international courts.So I think the viewpoint about individual is not the subject of international law can not suit for the new aspects of international law.I think individual is the partial subject of international law,and in the future,individual will be the full subject of international law.