Can Human Rights be Reconciled with State Sovereignty?
This paper centres on the question as to whether human rights can be reconciled with sovereignty. Therefore, in order to examine the reconciliation of human rights and state sovereignty, it is important to know the nature of relationship between them. This research first, analyzes the impact of the...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Tishk International University
2017-10-01
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| Series: | International Journal of Social Sciences & Educational Studies |
| Subjects: | |
| Online Access: | http://ijsses.org/wp-content/uploads/2017/10/Can-Human-Rights-be-Reconciled-with-State-Sovereignty.pdf |
| _version_ | 1827614282176528384 |
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| author | Abdullah Kadir Zana Tofiq Kaka Amin |
| author_facet | Abdullah Kadir Zana Tofiq Kaka Amin |
| author_sort | Abdullah Kadir |
| collection | DOAJ |
| description | This paper centres on the question as to whether human rights can be reconciled with sovereignty. Therefore, in order to examine the reconciliation of human rights and state sovereignty, it is important to know the nature of relationship between them. This research first, analyzes the impact of the historical evolution of human rights on changing the nature of sovereignty and then engages with the different arguments based on the moral, legal, and political nature of the human rights which has an effect on its relationship with state sovereignty. There are some who think that human rights exist outside legal system of the states and they are moral, independent, and universal, linked to the nature of our own humanity like Chris Brown who thinks human rights have a moral nature rather than legal. In contrast, some others are thinking that human rights exist within legal system of the states and focusing on the particularity of the human rights. In between, there is Andrew Vincent’s argument, which is more supported in this paper, who explains this relationship through the political dimension which has both moral and legal outcome, in Andrew Vincent’s words; the states can become both object and subject of the human rights at the same time. |
| first_indexed | 2024-03-09T08:52:41Z |
| format | Article |
| id | doaj.art-e91d5d7464e845a49de559ffb0a5d268 |
| institution | Directory Open Access Journal |
| issn | 2409-1294 2409-1294 |
| language | English |
| last_indexed | 2024-03-09T08:52:41Z |
| publishDate | 2017-10-01 |
| publisher | Tishk International University |
| record_format | Article |
| series | International Journal of Social Sciences & Educational Studies |
| spelling | doaj.art-e91d5d7464e845a49de559ffb0a5d2682023-12-02T14:00:27ZengTishk International UniversityInternational Journal of Social Sciences & Educational Studies2409-12942409-12942017-10-0142293810.23918/ijsses.v4i2sip29Can Human Rights be Reconciled with State Sovereignty?Abdullah Kadir Zana Tofiq Kaka AminThis paper centres on the question as to whether human rights can be reconciled with sovereignty. Therefore, in order to examine the reconciliation of human rights and state sovereignty, it is important to know the nature of relationship between them. This research first, analyzes the impact of the historical evolution of human rights on changing the nature of sovereignty and then engages with the different arguments based on the moral, legal, and political nature of the human rights which has an effect on its relationship with state sovereignty. There are some who think that human rights exist outside legal system of the states and they are moral, independent, and universal, linked to the nature of our own humanity like Chris Brown who thinks human rights have a moral nature rather than legal. In contrast, some others are thinking that human rights exist within legal system of the states and focusing on the particularity of the human rights. In between, there is Andrew Vincent’s argument, which is more supported in this paper, who explains this relationship through the political dimension which has both moral and legal outcome, in Andrew Vincent’s words; the states can become both object and subject of the human rights at the same time.http://ijsses.org/wp-content/uploads/2017/10/Can-Human-Rights-be-Reconciled-with-State-Sovereignty.pdfSovereigntyResponsibilityStateHumanitarian InterventionHuman RightsAndrew Vincent |
| spellingShingle | Abdullah Kadir Zana Tofiq Kaka Amin Can Human Rights be Reconciled with State Sovereignty? International Journal of Social Sciences & Educational Studies Sovereignty Responsibility State Humanitarian Intervention Human Rights Andrew Vincent |
| title | Can Human Rights be Reconciled with State Sovereignty? |
| title_full | Can Human Rights be Reconciled with State Sovereignty? |
| title_fullStr | Can Human Rights be Reconciled with State Sovereignty? |
| title_full_unstemmed | Can Human Rights be Reconciled with State Sovereignty? |
| title_short | Can Human Rights be Reconciled with State Sovereignty? |
| title_sort | can human rights be reconciled with state sovereignty |
| topic | Sovereignty Responsibility State Humanitarian Intervention Human Rights Andrew Vincent |
| url | http://ijsses.org/wp-content/uploads/2017/10/Can-Human-Rights-be-Reconciled-with-State-Sovereignty.pdf |
| work_keys_str_mv | AT abdullahkadir canhumanrightsbereconciledwithstatesovereignty AT zanatofiqkakaamin canhumanrightsbereconciledwithstatesovereignty |