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On The Subject Status Of Individuals In International Law

Posted on:2020-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:K N E AFull Text:PDF
GTID:2416330590473842Subject:International law
Abstract/Summary:PDF Full Text Request
The traditional international jurisprudence believes that national and international organizations and the National Liberation Organization have the status in international law field.However,with individuals playing an increasingly important role in the international community,the issue whether individuals have the qualifications of subjects in international law field is becoming increasingly fierce in international law.The thesis demonstrates from the theoretical and practical inspects that the individual's status as the main body of international law has the theoretical significance in promoting the development of international law and the practical significance in promoting international economic cooperation and international social stability.From the four dimensions of international legislation,individual participation in international relationship,individual responsibility and international value orientation,the thesis clarifies that the individual should deserve the subject status of international law.In the international legislative dimension,the acquisition of the qualifications of international law subjects mainly focuses on the two factors of independent participation in international relations and litigation.According to Kelsen's “Monism”,the eligibility criteria for the status of international law has been lowered.The determination of the international criminal responsibility of the Rome Convention and the fulfilment of the Tokyo Tribunal and the International Criminal Tribunal of Nuremberg have a considerable role in promoting the status of the subject of international law.On the practical level,most scholars also believe that the individual contributes to the development of international economy,and maintenance of the stability of the international.In the end,the paper concludes that individuals should obtain the subject qualifications in international law in the process of continuous development of the international community,but there are still gaps in the development of theory and practice in reality.There is no consensus on the earth on whether to grant individuals the status of the subject of international law.
Keywords/Search Tags:International law, individual, subject of international law
PDF Full Text Request
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