The Rights of Individual in the International Public Law
The question of the role of individuals in international law is closely bound up with the rise in the international protection of human rights. This theory maintains that individuals constitute only the subject-matter of intended legal regulation. Only states, and possibly international organizations, are subjects of the law. This has been a theory of limited value. The essence of international law has always been its ultimate concern for the human being and this was clearly manifest in the Natural Law origins of classical international law. The growth of positivists theories, particularly in the nineteenth century, obscured this and emphasized the centrality and even exclusivity of the state in this regard. Nevertheless, modern practice demonstrate that individuals have become increasingly recognized as participants and subjects of international law.
The link between the state and the individual for international law purposes historically has been the concept of nationality. This was and still remains crucial, particularly in the spheres of jurisdiction and the international protection of the individual by the state. It is often noted that the claim of an individual against foreign state, for example, becomes subsumes under that of his national state. Each state has the capacity to determine who are to be its nationals and this is to be recognized by other states in so far as it is consistent with international law, although in other states to accept this nationality there has be a genuine connection between the state and the individual in question.
The nationality
Since every state possess sovereignty and jurisdictional powers and since every state must consist of a collection of individual human beings, it is essential that a link between the two be legally established. The link connecting the state and the people it includes its territory is provided by the concept of nationality.
By virtue of nationality, a person becomes entitled to series of rights
The link between the state and the individual for international law purposes historically has been the concept of nationality. This was and still remains crucial, particularly in the spheres of jurisdiction and the international protection of the individual by the state. It is often noted that the claim of an individual against foreign state, for example, becomes subsumes under that of his national state. Each state has the capacity to determine who are to be its nationals and this is to be recognized by other states in so far as it is consistent with international law, although in other states to accept this nationality there has be a genuine connection between the state and the individual in question.
The nationality
Since every state possess sovereignty and jurisdictional powers and since every state must consist of a collection of individual human beings, it is essential that a link between the two be legally established. The link connecting the state and the people it includes its territory is provided by the concept of nationality.
By virtue of nationality, a person becomes entitled to series of rights