On the status of the individual in international law

Abstract: The individual is not a subject of international Law, is a complex dispute. Mainstream view in China is no individual is the subject of international Law, but some scholars of international Law scholars have held a positive attitude from a broad and pragmatic point of view to look at international Law is a sustainable development decision-making process, allowing for international Law simply defined as "inter-State Law," may limit their own development and we must not exclude individuals as subjects of international law, can not be recognized and accepted passively, but should be "lawful and reasonable," the principle of timely and appropriate to accept individuals as subjects of international law.

Keywords: personal state subjects of international law of human rights
Traditional international law has been that international law is to adjust the relationship between national laws, which state is the subject of international law, adjustment of the individual is the object of international law, but because the two world wars and the South African apartheid, ethnic cleansing in former Yugoslavia, Rwanda genocide and a series of serious human rights violations from occurring, the international community's growing emphasis on the protection of individual rights is worth noting that, had argued that states are the only subjects of international law <<Oppenheim's International Law>> also believe that individuals are to some extent is also the subject of international law, so the main body of the individual in international law on the eligibility of controversy generated. So, individuals, including natural and legal persons, whether the subject of international law do?
First, the main qualification for a personal dispute
Individuals are not subjects of international law, international law point of view of many scholars, in general can be divided into two categories: positive and negative, that said, surely, is that the individual is the subject of international law, but the law schools have different ideas. View that the individual is the subject of international law, and the only subject. because the state is just an abstract concept, the State bears the ultimate international rights and obligations of those who still bear the individual. This view is too much emphasis on abstraction while ignoring the international community reality, does not apply in practice. Another view is that the individual is the subject of international law, but not the main body, individuals within a certain range only play a role, this view is more accepted by jurists whose basic theory is that the rights and obligations of international law can be directly and in person, because the adjustment of international law is actually a personal act of state as a representative of the state authorities made that the international rights and obligations by individuals to achieve.

Negative, said that the individual is not subject of international law, but the object of international law, international law to adjust the object. The vast majority of Chinese international scholars, such as Zhou Geng-sheng, Wang Tieya, Zhao Li Hai, etc. who hold this view, advocating the existence of international law and individuals countries, the rights and obligations under international law only by states and individuals, or international law into domestic law, domestic law implemented by the individual, the individual subjects of international law do not have the qualifications. for sure that the arguments to deny individuals in international law scholars put forward the following main reasons:
(A diplomatic representatives enjoy diplomatic privileges and immunities of the
International law provides that diplomatic agents enjoy diplomatic privileges and immunities, but only if they perform diplomatic duties on behalf of state if they are not the only country on behalf of individual identity, we can not enjoy diplomatic privileges and immunities of the fact, is a kind of diplomatic privileges and immunities national rights rather than individual rights, personal identity can only be enjoyed by the representatives.

(Two on the issue of personal punishment of international crimes
International law clearly states that the "universal jurisdiction", that the perpetrator guilty of "crimes against the international community", the international community in any country which has jurisdiction over the crime of per capita, which means that any national or international court committed an international punishment of crimes have the right of individuals, the offender shall bear the State of the obligation to protect and intervene, so punishment of international crime is a national rights and obligations of individuals but the object of punishment.

(Three on the issue of protection of human rights
<<Charter>> have a number of international conventions protecting human rights provisions, but these international instruments are state rather than the individual to participate in the development, so the individual human rights and fundamental freedoms of the international protection is not given directly to individuals, countries in the international conventions and play an intermediary role between individuals.

(Four on the individual right of action in international law issues
There are indeed some in the international treaty on the International Tribunal for individuals to enjoy a right of action, such as the Central American Court treaty in 1907 individuals (nationals of States parties have the right of other parties in the court proceedings, but this is very rare indeed individuals do not have any of a wide range of international institutions the right to appeal. Therefore, in international law at this stage, individuals are not subjects of international law.

Second, the parties to the dispute of the pros and cons and the future development of international law
Long tradition of international law, deny that dominated, with scholars such inter-national system, based only recognized state is the only international legal personality in international law point of view is called the "myth" (Myth, This commitment combined myth of national sovereignty theory, help the state as the center of the exercise of sovereignty, by positivist scholars, respected.

However, the main object of two points under the doctrine of positivism, on the individual in international law are not considered to have the enjoyment of rights and obligations of the ability to pay, in this myth, the individual in international law can not afford to enjoy the rights and obligations, but only indirectly by State granted, ie, in the state system as the main body of international law, "the rights and welfare of individual countries need to rely on the will and power, the party may be entitled to protect."
By Walter said, "is for personal injury damages to the individual's country." This is the individual's security and interests of the protection depends on whether the State will, because the state can decide at any time abandoned or withdraw the relevant international treaties or international resolutions, this way, the individual has no right or no basis in international situations, should be able to enjoy the fight for their rights ①. In short, simply defined in international law as "law among nations," too much emphasis on state power, while ignoring the role of the individual in international law, individuals will be inadequate to protect the legitimate interests of the individual by the state will be protected and uncertainty.

In contrast, certain that the emphasis on individual rights and obligations under international law, on the one hand will help strengthen the protection of human rights, on the other hand, the individual and the state has the same status, the burden of their obligations and responsibilities of international behavior, to avoid In some cases, the crimes of the people with the representatives of the identity or nationality evade responsibility for the cover. the traditional subjects of international law as a theory of negation, we must first clear its emergence and development of the historical background, because any kind of theory generation Du reflect the requirements of a certain age, only by understanding the historical background to an analysis of essentially earliest that "the individual is subject of international law," the French scholar Duguit, since World War II, an American scholar Jessup, American Austrian Scholars Kelsen, British scholar Lauterpacht are strongly in favor of the individual is the subject of international law, which proudly in World War II international law in international criminal aspects of the individual to be responsible for the development of international human rights norms and in the Nuremberg trials, the court verdict clearly shows that "international law and for individual countries, so the burden of obligations and responsibilities." More importantly, those who abide by the military courts were dismissed on grounds of superior orders defense or national law, we must admit that these international military trial perspective on the punishment of crime reflects the law of "justice," but we must also see the pattern in the polarized world, it laid the political risks and legal malpractice. Since then, the Anglo-American international law scholars have proposed the establishment of world countries, the World government's theory, attack national sovereignty, because denial of national sovereignty, international law emphasizes the rights of individuals to enjoy, directly protected by international law, imperialism can be successful on the aggression and interference in other countries, we must recognize that, under the beautiful veil of human rights cover is a strong state power rather than national rights, and the corresponding obligations of States will not be able to fulfill the country's international responsibility can not afford more can be said, "certainly the doctrine," the moment it generates less than had been formed, its political purpose so that in practice often deviated from the normal track, this is a very real problem, history has occurred.

After World War II, both international and national development area or areas of international waters, and the exploration of outer space, have a lot to show personal activities. Then "began to emphasize the international law of human activities in the international community in the central position, as well as all human beings in the international society, there is the dignity and value orientation, "international law on the" age of human rights, "the advent of Human Rights on behalf of the campaign by the international community to the traditional state-centered system is built up, doing the rapid changes in the international legal system With the international trend toward must make the necessary adjustments, but at this stage in terms of how the "ideology of human rights" into the international legal system, and how to handle the relationship between human rights and sovereignty, the relationship between the individual and the state, theorists no consensus , right and wrong, to be the test of practice.

Third, the possibility of individuals to become subjects of international law and related issues
For a long time, the establishment of national legal and political system as well as the international legal system, that are largely state-centered, national interests or national values ​​are the survival and development in various countries as the ultimate goal pursued, but the political system and legal system development has also led the surging social-democratic ideas, the gradual rise of the human rights movement, then led the international development of the individual as the center of personal values. international law is undergoing tremendous change and this change is reflected in the subject of international law issues on, is the negation and affirmation, said that the dispute. Links to free download http://www.hi138.com However, whether negative or positive that that is the product of a certain historical period, which are subject to history of environmental impact, comprehensive reflection of the exotic and the international community's political, economic, and cultural factors of development requirements, both which one is better is not the point. It is important, we should see both sides of the debate the future direction of international law. After a person is not a subject of international law - not the subject of international law deny individuals (certainly qualified individual subject, we should boldly put forward a new basis, certainly under the new conditions, that country is still the subject of international law at this stage, but does not exclude the possibility of individuals to become subjects of international law, follow the "legitimate, reasonable" principles, timely and appropriate to accept individuals as subjects of international law, that is, to complete a "positive - negative - the negation of negation" development process.

Individual is accepted as legitimate subjects of international law, the procedure should comply with legal process. The emphasis on legal procedures, one individual may be given sufficient time, it gradually has become a subject of international law has the sole capacity of international rights and obligations, As long as have the status of subject, in accord with nature can become subjects of international law, on the other, and prevent certain powers in order to achieve their political and economic purposes, and to force the individual into the scope of the subject of international law, ignoring the sovereignty of damage People's Democratic Movement due to sources of international law to international treaties, international conventions and general principles, by treaty between the countries in the form of personal qualification to be recognized, such as the 1905 European Convention on Human Rights set up mechanisms: individuals have the right to perform or to promote any one help to achieve his own international decisions.

Reasonable is the acceptance of individual subjects of international law in the process, should the spirit of "fairness, justice," the values, moderate to be recognized, accepted, and we must admit that even in the near future time, the individual is fully qualified with the subject of international law However, only limited access to the dominant position of the state actor in the international community is still the most important role of international law in its basic nature is a sustainable development decision-making process, the traditional international law scholars have long considered it the only country is the subject of international law, the decision-making power has been in State hands, not only in the countries affected individual rights and national value case, in order to become subjects of international law, personal growth must be moderate.

Personal growth as the subject of international law in the road is still in its infancy, the state and individuals should make efforts to this end, the following two points about the national and human rights issues.

(One on the rights of individuals to obtain
Needless to say, because the sovereignty of the gradual evolution of the results, enabling the country in the international community not only to other countries and their areas of jurisdiction of the nationality of the people, who are the highest authority, to deprive some of their own national sovereignty from the "privilege" the individual entities, it is not easy, but we should also see the status of the individual rather than in the past it has been a significant progress, as long as the state is no longer the individual has been deprived of rights and freedoms of the individual in the international community in the role, due to the increase in international activities and constantly highlighted. individual rights and obligations of the range will expand with them, and get the appropriate protection of international law, so the state should exercise caution to conclude treaties and the treaty power to undo, so as not to loss of individual rights and obligations of legal basis.

(Two on the protection of international human rights
The international community's respect for and protection of human rights, has made a considerable degree of consensus, but from start to finish in the implementation of international human rights protection but there has been considerable problems, coupled with some of the superpower to the banner of human rights violation of the sovereignty of human rights protection was in actual implementation of national exclusion, which is bound to affect the individual can become a subject of international law issues the Chinese government on human rights has said, "China advocates the human rights of any country to achieve and maintain the road, but not out of the country historical and political, economic, and cultural realities, by the sovereign state system through domestic legislation on human rights be recognized and protected "by way of domestic legislation to be recognized and protected human rights system, although a long time, but it is still dealing with the relationship between sovereignty and human rights a way, but also the balance between the two.

Only to study and national interests are closely related issues, but also to study the vital interests of the major problems of mankind in general. "In the modern field of international law, the position of individual entities, how is such an important academic topic in the present state of international law subject, and for a long period of time, its dominant position will not change, but we can not ignore the individual's role in the international community, can be said that the individual is a subject of international law to go on the road, the development of the international community in a timely manner , appropriate to be recognized, accepted.

Notes:
① Wu Jiasheng. Specific discussion of individual rights. International legal principles - the nature and function of Research. Five Southern Book Publishing. 2000 (9.

References:
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