A person as a subject of international public oversight (international oversight of the civil society of the United Nations)
Year: 2025
Type: article
Abstract: This article is devoted to the analysis of the individual as a subject of international public oversight (international civil society control of the United Nations). The authors note that after World War II, the system of international law underwent fundamental changes, which was expressed in the creation of an international organization called the "United Nations," the adoption of its Charter, the cornerstone of which is the individual, their rights and freedoms, as well as the necessity of observing, safeguarding, and protecting the system of principles of international law. An important legal guarantee, on one hand, of these principles of international law, and on the other hand, of the system of rights and freedoms of individuals, is the institution of international public oversight (international civil society control of the United Nations), the subjects of which include, in particular: international non-governmental organizations (for example, international trade union organizations); the peoples of the United Nations; peoples and nations struggling for independence (self-determination); individuals. A number of research methods have been used in this work, such as: formal-logical; historical-legal; comparative-legal; method of analysis of specific legal situations; statistical; sociological. Individuals represent the most disputed type of subjects of the aforementioned oversight, as there is no consensus in domestic and foreign scientific literature regarding their international legal status and international legal personality. The paper analyzes the arguments of proponents and opponents of recognizing individuals as subjects of international law, as well as the arguments of scholars who classify individuals as a special type of subjects of international law or point out their contentious international legal status. The authors examine the mechanism of individuals' participation in international public oversight (international civil society control of the United Nations). An analysis is conducted of the main problems hindering optimal participation of individuals in this type of oversight, both concerning the activities, acts, and decisions of international governmental and non-governmental organizations, as well as regarding compliance with the procedure for using extraterritorial objects subordinate to international norms. A system of measures to resolve these issues is developed and substantiated.
Source: Международное право
Authors: Anna Anatol'evna Kulikova, Vitalii Viktorovich Goncharov, Elena Gennad'evna Petrenko, Oleg Nikolaevich Malinovskii
Institutions: Kuban State University, Kuban State Agrarian University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7115558331