The concept of the international legal status of an individual in modern legal thought: historiography of the problem

Abstract

The article is dedicated to defining the content and features of the category of international legal status of an individual in modern domestic and foreign historiography (late ХХ – early ХХІ century). The paper provides an analysis of the scientific views of Ukrainian and foreign scientists on the concept of the legal status of an individual as a fundamental category of law. The scientific positions of lawyers regarding the structural elements of the system of legal status of a person are considered. The question of the relationship between the concepts of the legal status and the legal position of a person in modern legal thought is highlighted. The existence of discrepancies in the understanding of the content of the category of international legal status of an individual in the historiography of the investigated issues of the late ХХ – early ХХІ century is emphasized. Consideration peculiarities of the concept of the international legal status of persons by domestic and foreign scientists in the context of debates about the legal personality of individuals in international law are described. The possibility of the existence of a category of international legal status of a person without the need for recognition of international legal personality of an individual is indicated. Emphasis is placed on the peculiarities of the concept of the legal status of an individual in international law as a result of the adoption of international legal norms regarding the status of natural persons. The existence of a set of scientific views regarding the international legal status of an individual as a system of rights and freedoms, duties and responsibilities of a person established at the international level is revealed. The article notes that the mentioned broad understanding of the category of the international legal status of an individual is not given sufficient attention in modern domestic and foreign historiography on the studied issues. The uncertainty of the list of structural elements of the category of the international legal status of a person is underlined. Finally, the unity of scientific positions of legal scholars regarding the rights and freedoms of a person recognized by international community as the main structural element of a complex system of the international legal status of an individual is established.