Human rights, self-determination, and external legitimacy

Politics, Philosophy and Economics 14 (3):291-315 (2015)
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Abstract

It is commonly supposed that at least some states possess a moral right against external intervention in their domestic affairs and all human rights violations give members of the international community reasons to undertake preventive or remedial action against offending states. No state, however, currently protects or could reasonably be expected to protect its subjects’ human rights to a perfect degree. In view of this reality, many have found it difficult to explain how any existing or readily foreseeable state could enjoy a moral right of nonintervention without denying the normative force of human rights. This article seeks to reconcile these apparently incompatible commitments by arguing that, in addition to acting in defense of human rights, outsiders must be appropriately responsive to individuals’ distinct and potentially countervailing interests in collective self-determination. I show that, under certain demanding but not unrealistic conditions, individuals’ interests in self-determination are of sufficient weight not simply to ground a judgment against intervention in particular cases but to generate arobust right of nonintervention on the part of some states that nevertheless fail to secure perfect protection of their subjects’ human rights

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Citations of this work

A cosmopolitan instrumentalist theory of secession.Daniel Weltman - 2023 - Southern Journal of Philosophy 61 (3):527-551.
Helping Buchanan on Helping the Rebels.Daniel Weltman - 2019 - Journal of Ethics and Social Philosophy 15 (1).
Legitimacy, self-determination, and conditional cooperators.Arthur Hill - 2020 - Critical Review of International Social and Political Philosophy 23 (6):780-787.

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References found in this work

A Theory of Justice: Revised Edition.John Rawls - 1999 - Harvard University Press.
Justice as fairness: a restatement.John Rawls (ed.) - 2001 - Cambridge, Mass.: Harvard University Press.
The law of peoples.John Rawls - 1999 - Cambridge, Mass.: Harvard University Press. Edited by John Rawls.
On Nationality.David Miller - 1995 - New York: Oxford University Press.

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