2004
DOI: 10.1177/0306396804045516
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Sovereignty vs. Human Rights or Sovereignty and Human Rights?

Abstract: What, post-cold war, are the implications of so-called humanitarian interventions for international law, the nation state and peoples’ rights? Is this a cover for imperialism or, in the era of globalisation, an essential widening of protection for human rights? The provisions of the UN Charter and related instruments are examined, together with the arguments in support of such interventions. That state sovereignty protects human rights by reducing the incidence of war and promoting self-determination and that … Show more

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Cited by 6 publications
(4 citation statements)
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“…Sovereignty locates '... the supreme power within a particular territorial unit' (Lewis, 1998) and it entitles a State '...to conduct its affairs without external interference' (Case Concerning Military and Paramilitary Activities, 1986). It also indicates '...the entitlement of a state to act as it wishes at the international level -the ability to resist intervention from the international community' (Crawford et al, 1994) and that '...sovereignty protects the right of peoples to determine their own future, without manipulation or exploitation by outside nations' (Conlon, 2004).…”
Section: Sovereignty and International Health Governancementioning
confidence: 99%
See 1 more Smart Citation
“…Sovereignty locates '... the supreme power within a particular territorial unit' (Lewis, 1998) and it entitles a State '...to conduct its affairs without external interference' (Case Concerning Military and Paramilitary Activities, 1986). It also indicates '...the entitlement of a state to act as it wishes at the international level -the ability to resist intervention from the international community' (Crawford et al, 1994) and that '...sovereignty protects the right of peoples to determine their own future, without manipulation or exploitation by outside nations' (Conlon, 2004).…”
Section: Sovereignty and International Health Governancementioning
confidence: 99%
“…In fact, human rights are regarded to be part of customary international law and thus applicable to all the states whether or not they have ratified the various treaties or not (Lillich, 1995(Lillich, /1996. There is a view that the norms of human rights supersede the norms of sovereignty and the invocation of the norm of sovereignty is unavailable to states that engage in egregious violation of human rights (Conlon, 2004). Merriam has also argued that norms of sovereignty do not protect states that do not respect the basic right to life.…”
Section: Dilution Of Sovereigntymentioning
confidence: 99%
“…The cold war will later have many implications and bring more challenges to the sovereignty concept, and the traditional meaning of sovereignty will be replaced with a new concept that revolves around conditional freedom from external interference. Sovereignty after the cold war also means obligations for the states, including protecting human rights by preventing wars and supporting self-determination (Conlon 2004).…”
Section: Why It Is Important To Look At the History Of The Definition...mentioning
confidence: 99%
“…The misuse of the concept by downplaying the obligations and the responsibilities of neighboring states, either by intervention or non-intervention, allowed military interferences that caused massacres, genocides, and ethnic cleansing. The international society often overlooked countries like Somalia, Haiti, Bosnia (Conlon 2004), and Syria. Some advocates held the concept of sovereignty responsible for the miseries of humanity throughout history.…”
Section: Why It Is Important To Look At the History Of The Definition...mentioning
confidence: 99%