Publıc Internatıonal Law I Deneme Sınavı Sorusu #1234172

According to whch of the following approaches, the individual has no status in international law?


Marxist Approach.

Modern Approach.

Positivist theory.

Sociological Approach.

Natural Law Theory.


Yanıt Açıklaması:

Another approach to human rights is legal positivism. Under the positivist theory, the source of human rights is to be found only in the enactments of law with sanctions attached to it. Jeremy Bentham and John Austin were its chief proponents. They considered the natural law to be vague and meaningless. They believed in freedom and equality; however, they did not base these values on natural law. A sovereign can define the scope of liberties of its subjects. It is the principle of utility that helps the state in deciding the limits of civil liberty. Under this theory, rules of international law are merely rules of positive morality. According to positivists, the individual has no status in international law. Therefore, the correct option is C.

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