Emergence of the Individual as an International Juristic Entity: Enforcement of International Human Rights

Abstract

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 inter- national juristic entity.