The issues of international legal personality of the individual and human rights

A.A. Otynshiyeva
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Abstract

In international law, a core aspect leads to the issue of the legal personality of the individual, which start to be considered specifically from mid-20th century. This was since that time the common concepts of human rights had already been worked out. The implemented international documents on human rights made it possible to come close to the solution of another equally important issue of legal personality of the individual. It should be admitted that, in the real theory of international law, this problem is not sufficiently completed, although there have already been some dramatic attempts in this direction. Even though the theme in the field of international law seems to be investigated, relating to the general concept of human rights, the problem of their relationship with the legal personality of an individual is not sufficiently discovered in international law; we set the target of defining how the study of this problem is currently under improvement integration process. Therefore, this article was aimed, first, at figured out what constitutes the basis of the legal personality of an individual. First, the article concentrated on the diverse views of scholars, and based on this, tried to find out the essence and semantic signification of each of them, as well as to determine some key elements that facilitate to define the relationship between human rights and the legal personality of an individual. Key words: individual, legal personality, human rights, concept, geopolitics.
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个人的国际法律人格与人权问题
在国际法中,个人的法律人格问题是一个核心问题,从20世纪中期开始被具体考虑。从那时起,人权的共同概念就已经制定出来了。执行的关于人权的国际文件使另一个同样重要的个人法律人格问题接近于得到解决。应该承认,在真正的国际法理论中,这个问题还没有完全解决,尽管在这个方向上已经有了一些戏剧性的尝试。尽管国际法领域的主题似乎已根据人权的一般概念进行了调查,但国际法并未充分发现人权与个人法律人格的关系问题;我们设定的目标是定义这个问题的研究目前是如何改进集成过程的。因此,本文的目的在于,首先,厘清构成个人法律人格的基础是什么。首先,本文集中了学者们的不同观点,并在此基础上,试图找出每一种观点的本质和语义意义,并确定一些有助于界定人权与个人法律人格关系的关键要素。关键词:个人,法律人格,人权,概念,地缘政治。
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来源期刊
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发文量
40
审稿时长
10 weeks
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