Human Rights And State Sovereignty
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Human Rights And State Sovereignty
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Author : Richard A. Falk
language : en
Publisher: New York : Holmes & Meier Publishers
Release Date : 1981
Human Rights And State Sovereignty written by Richard A. Falk and has been published by New York : Holmes & Meier Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Political Science categories.
State Sovereignty And Non Interference In International Law
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Author : Benjamin Mekinde Tonga
language : en
Publisher: GRIN Verlag
Release Date : 2021-02-17
State Sovereignty And Non Interference In International Law written by Benjamin Mekinde Tonga and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-17 with Law categories.
Master's Thesis from the year 2018 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 3.6/4, , course: Law, language: English, abstract: The principles of state sovereignty and non-interference rest at the very heart of International law and springs from the 1648 Westphalian treaty.Westphalian sovereignty is the principle of international law that each nation state has sovereignty over its territory and domestic affairs to the exclusion of all external powers. This is founded on the principle of non-interference in another country‟s domestic affairs and that each state irrespective of its size is equal in International law. This study shall rely principally on the doctrinal research methodology by systematic and thematic analysis of existing data on sovereignty and non-interference. The interpretation of sovereignty as narrowly as the non-intervention principle has placed sovereignty against the possibility of intervening for the protection of Human rights. The Rwanda genocide, mass atrocity crimes and crimes against humanity that characterized the state of Rwanda and Srebrenica amongst others raised the need for action by the International community to protect not only states, but also people. This thesis attempts therefore, to find a bridge between these two seemingly opposing interests -protecting the state for a strong international order and protecting the people to save lives. Responsibility to protect is based on the notion of a primary responsibility with each and every state to protect its population, and a secondary responsibility with the international community to assist a state, which is unwilling or unable to protect its people. This thesis concludes that responsibility to protect is part of sovereignty, as a duty of a state, corresponding to the right of non-intervention. If the reign fails to protect its people, or is itself abusing its people, the right of non-intervention becomes void.
State Sovereignty
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Author : Sohail H. Hashmi
language : en
Publisher: Penn State Press
Release Date : 2010-11-01
State Sovereignty written by Sohail H. Hashmi and has been published by Penn State Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-01 with Political Science categories.
Seven essays grapple with some of the paradoxes of national sovereignty in today's world, examining such dimensions as pan-Islamism, new approaches to international human rights, ethnic conflict, lessons from Yugoslavia, and Japan and the tropical forests of southeast Asia. Paper edition (unseen), $17.95. Annotation copyrighted by Book News, Inc., Portland, OR
China State Sovereignty And International Legal Order
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Author : Phil C.W. Chan
language : en
Publisher: Hotei Publishing
Release Date : 2015-05-19
China State Sovereignty And International Legal Order written by Phil C.W. Chan and has been published by Hotei Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-19 with Law categories.
China’s rise has aroused apprehension that it will revise the current rules of international order to pursue and reflect its power, and that, in its exercise of State sovereignty, it is unlikely to comply with international law. This book explores the extent to which China’s exercise of State sovereignty since the Opium War has shaped and contributed to the legitimacy and development of international law and the direction in which international legal order in its current form may proceed. It examines how international law within a normative–institutional framework has moderated China’s exercise of State sovereignty and helps mediate differences between China’s and other States’ approaches to State sovereignty, such that State sovereignty, and international law, may be better understood.
Foundations Of International Migration Law
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Author : Brian Opeskin
language : en
Publisher: Cambridge University Press
Release Date : 2012-09-27
Foundations Of International Migration Law written by Brian Opeskin and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-27 with Law categories.
International migration law is an important field of international law, which has attracted exceptional interest in recent years. This book has been written from a wide variety of perspectives for those wanting to understand the legal framework that regulates migration. It is intended for students new to this field of study who seek an overview of its many components. It will also appeal to those who have focussed on a particular branch of international migration law but require an understanding of how their specialisation fits with other branches of the discipline. Written by migration law specialists and led by respected international experts, this volume draws upon the combined knowledge of international migration law and policy from academia; international, intergovernmental, regional and non-governmental organisations; and national governments. Additional features include case studies, maps, break-out boxes and references to resources which allow for a full understanding of the law in context.
The Human Rights State
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Author : Benjamin Gregg
language : en
Publisher: University of Pennsylvania Press
Release Date : 2016-03-08
The Human Rights State written by Benjamin Gregg and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-08 with Political Science categories.
The nation state operates on a logic of exclusion: no state can offer citizenship and legal rights to all comers. From the logic of exclusion a state derives its sovereign power. Yet this exclusivity undermines the project of advancing human rights globally. That project operates on a logic of inclusion: all people, regardless of citizenship status or territorial location, would everywhere be recognized as bearers of human rights. In practice, human rights are afforded, if at all, then only to citizens of those few states that sometimes regard human rights as moral necessities of domestic commitments—or for states that find that stance politically expedient for the moment. This discouraging reality in the first decades of the twenty-first century prompts the question: What political arrangement might better conduce the local embrace and enduring practice of human rights? In The Human Rights State, Benjamin Gregg challenges the conviction that the nation state can only have a zero-sum relationship with human rights: national sovereignty is possible or human rights are possible, but not both, not in the same place, at the same time. He argues that the human rights project would be more effective if established and enforced at local levels as locally valid norms, and from there encouraged to expand outward toward overlaps with other locally established and enforced conceptions of human rights grown in their own local soils. Proposing a metaphorical human rights state that operates within or alongside a nation state, Gregg describes networks of activists that encourage local political and legal systems to generate domestic obligations to enforce human rights. Geographic boundaries and national sovereignties would remain intact but diminished to the extent necessary to extend human rights to all persons, without reservation, across national borders, by rendering human rights an integral aspect of the nation state's constitution.
Negotiating Sovereignty And Human Rights
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Author : Michaelene Cox
language : en
Publisher: Routledge
Release Date : 2016-04-22
Negotiating Sovereignty And Human Rights written by Michaelene Cox and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Political Science categories.
Providing an overview of institutional developments and innovations in human rights politics, this volume discusses some of the most important current and emerging human rights issues. It takes stock of the initiatives, policy responses and innovations of past years to identify some of the challenges that will likely require bold and innovative solutions. The contributors focus on actors and/or issues that are outside the mainstream of international human rights politics; the chapters address issues that have only emerged as an important part of the international human rights agenda and generated much advocacy, diplomacy and negotiations since the end of the Cold War. These issues include: the International Criminal Court, the norm of Responsibility to Protect (R2P), the proliferation of small arms and light weapons and its human rights impact, truth commissions, and the rights of persons with disabilities. The contributions offer a direct challenge to entrenched notions of state sovereignty and represent a departure from established ways of policy making.
The Un Security Council And Human Rights
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Author : David P. Forsythe
language : de
Publisher:
Release Date : 2012
The Un Security Council And Human Rights written by David P. Forsythe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
The Responsibility To Protect
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Author : International Commission on Intervention and State Sovereignty
language : en
Publisher: IDRC
Release Date : 2001
The Responsibility To Protect written by International Commission on Intervention and State Sovereignty and has been published by IDRC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty
The Sovereignty Of Human Rights
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Author : Patrick Macklem
language : en
Publisher: Oxford University Press
Release Date : 2015-08-20
The Sovereignty Of Human Rights written by Patrick Macklem and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-20 with Law categories.
The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.