Deakin University
Browse

File(s) under permanent embargo

Emergence of the individual as an international juristic entity: enforcement of International Human Rights

journal contribution
posted on 2004-01-01, 00:00 authored by Julie Cassidy
In this article it is contended that state practice, as evidenced in the  declarations of the judiciary and the many treaties and conventions  guaranteeing human rights, reveals a consensus of opinion acknowledging the individual to be an international juristic entity. So extensive is this practice that it could be seen as marking the emergence of a new customary international norm; or at least a general principle of international law, yet to crystallise into a custom; acknowledging the individual as the beneficiary of international rights. This is important for individuals and minority groups because if they possess international rights independently of the State, enforcement of their rights will no longer depend on the interests of the State. Where the State is often the offender of human rights, international law will not effectively confer any real rights unless the individual is so recognised as an international juristic entity.

History

Journal

Deakin law review

Volume

9

Issue

2

Pagination

533 - 572

Publisher

School of Law, Deakin University

Location

Geelong, Vic.

ISSN

1321-3660

Language

eng

Publication classification

C1 Refereed article in a scholarly journal

Usage metrics

    Research Publications

    Keywords

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC