Some Aspects of Personality of Individual in International Law (Rights of Individual in the International Criminal Court, Rights of Migrants, Refugees, Rights of Women and Children in International Humanitarian Law, Rights of Investors)
Abstract
The article investigates the controversial issue of international legal personality interpretation. The disparities in understanding the concept of international law subject explain the lack of international legal instruments that could ascertain the exact legal positions of natural persons in question. By a thorough analysis of legal sources, the authors aimed at identifying both general legal parameters of legal personality representation in international law and its individual forms in particular, such as the rights of migrants, refugees, victims of armed conflicts, and investors as economic bloc representatives. The research demonstrates that as opposed to the positions maintained in foreign scientific literature, which tend to treat individuals as subjects of international law, the dominant point of view in the Russian doctrine of international law is the one suggesting that these persons are not subjects of international public law. In the submitted article, the authors entered upon formation of context perception of legal personality and believe that further research might be focused on assessing the degree of compliance of national legislations in coalitions.References
[2] Balfe, M. 2016. Why did U.S. healthcare professionals become involved in torture during the war on terror? Journal of Bioethical Inquiry, 1: 1–12.
[3] Chiao, V. 2016. What is the criminal law for? Law and Philosophy, 35(2):137–163.
[4] Dorfman, A. 2016. Private law exceptionalism? Part I: A Basic Difficulty with the Structural Arguments from Bipolarity and Civil Recourse. Law and Philosophy, 35(2): 165–191.
[5] Froholdt, L.L. 2016. Coping with captivity in a maritime hijacking situation. WMU Journal of Maritime Affairs, 1: 1–20.
[6] Kammerhofer, J. 2008. The concept of international legal personality: an inquiry into the history and theory of international law. Netherlands International Law Review, 55(2): 304–310.
[7] Korowicz, M.S. 2016. Individuals as subjects of international law. Introduction to International Law, 1: 325–389.
[8] Mesel, B.D. 2016. How morality can be absent from moral arguments. Argumentation, 1: 1–21.
[9] Plessis, G. du. 2016. The legitimacy of using the harm principle in cases of religious freedom within education. Human Rights Review, 1: 1–22.
[10] Staub-Bernasconi, S. 2016. Social work and human rights—linking two traditions of human rights in social work. Journal of Human Rights and Social Work, 1(1): 40–49.
[11] Steen-Johnsen, K., and Enjolras, B. 2016. The fear of offending: social norms and freedom of expression. Society 53(4): 352–362.
[12] Mamedov, U.Yu. 2002. International legal personality: the main trends. PhD Thesis, Kazan.
*** CJCE. 05.02.63. Van Grend et Loos / Administration fiscale neerlandaise, aff. 26 - 62. Rec. 05.02.63. P. 25
*** Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, November 4, 1950) (as amended on September 21, 1970, December 20, 1971, January 1 and November 6, 1990, and May 11, 1994). ETS N 005.
*** International Court of Justice. Legality of the use by a state of nuclear weapons in armed conflict. Advisory opinion of 8 July 1996; International Court of Justice. Legality of the threat or use of nuclear weapons. Advisory opinion of 8 July 1996.
*** International Covenant on Civil and Political Rights. United Nations. 6 March 2012. Retrieved 2012-03-06.
*** International Covenant on Economic, Social and Cultural Rights (ICESCR). Office of the United Nations High Commissioner for Human Rights. Retrieved 23 March 2013.
*** Protocol Relating to the Status of Refugees of 31 January 1967. http://www.unhcr.org/3b66c2aa10.html
*** S/RES/1889(2009). https://documents-dds-ny.un.org/doc/UNDOC/GEN/N09/542/55/PDF/N0954255.pdf?OpenElement
*** The Council of Europe should not be confused with the Council of the European Union or the European Council.
*** The Geneva Convention of 12 August 1949, Volume I. https://www.loc.gov/rr/frd/Military_Law/pdf/GC_1949-I.pdf
*** UNHCR – The 1951 Refugee Convention. http://www.unhcr.org/pages/49da0e466.html
*** Universal Declaration of Human Rights. http://www.un.org/en/universal-declaration-human-rights/index.html
Keywords
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