PODMIOTOWOŚĆ PRAWNOMIĘDZYNARODOWA JEDNOSTKI
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Date
2003
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Wydział Prawa i Administracji UAM
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INDIVIDUAL’S ABILITY TO BEAR RIGHTS IN THE INTERNATIONAL LAW
Abstract
The basic bearer of rights in the international law has traditionally been the state, and
the state’s supreme function has been to regulate relations with other states. This is visible
in the principle of sovereign equality between states governing international law. The classic
law does not directly apply to individuals. In certain respects it refers to the category of the
individual, but always by means of norms referring to state or international relations. Norms
focusing directly on the individual have only recently started to develop.
Traditionally, international law has referred to natural persons only through the state,
either through the very notion of state or by referring to relations between states.
Classic international law is therefore interested in the individual only as a citizen or foreigner
and only insofar as this reference is necessary to define relations between the basic
bearers of rights, i.e. when a citizen’s or foreigner’s status significantly influences the determination
of the states’ rights and obligations in their mutual relations.
Another view is visible in regulations relating to military conflicts. In this area the interest
of the state in the individual is determined by the state’s position taken in reference to
the given conflict, i.e. whether this is an internal or international conflict. The legal system
divides the population participating in the conflict into various categories of individuals with
clearly differing legal status.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 65, 2003, z. 2, s. 107-124
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ISBN
ISSN
0035-9629