Invidual Between Being and not Being Subject to Public International Law

• Author: Cristina Gherghes
• Pages: 79-81

Law, Society & Organisations

Volume II, Issue 3 (2 / 2017)

79

Cristina GHERGHES

INVIDUAL BETWEEN BEING AND NOT

BEING SUBJECT TO PUBLIC

INTERNATIONAL LAW

K

eywords

Individual person,

A subjectof international law,

Public international law

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.