Human Rights and Nation-State Sovereignty

Telos: Critical Theory of the Contemporary 2023 (203):99-108 (2023)
  Copy   BIBTEX

Abstract

ExcerptHuman rights organizations for the past few decades have generally attempted to promote international law against the principle of state sovereignty in order to establish human rights norms worldwide. This approach presumes the universality of human rights is in fundamental opposition to the principle of sovereignty because this principle can be used by governments to shield themselves from outside criticism. By contrast, the U.S. State Department’s Report of the Commission on Unalienable Rights has outlined an approach that emphasizes not just the compatibility between universal human rights and state sovereignty but even their dependence on each other.1 We see the results of this clash in the response to the Report by Kenneth Roth, executive director of Human Rights Watch and one of the expert witnesses during the commission’s proceedings.2 He sees in the Report’s foregrounding of the Universal Declaration of Human Rights “a frontal assault on international human rights law” because it shifts attention away from international law and toward more informal documents such as the Universal Declaration, which lays out a set of goals rather than legally binding commitments.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,881

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

State Sovereignty and International Human Rights.Jack Donnelly - 2014 - Ethics and International Affairs 28 (2):225-238.
State Sovereignty and International Human Rights.Jack Donnelly - 2014 - Ethics and International Affairs 28 (2):225-238.
Human Rights, Autonomy and National Sovereingty.Michael Dusche - 2000 - Ethical Perspectives 7 (1):24-36.
Human rights without foundations.Joseph Raz - 2010 - In J. Tasioulas & S. Besson (eds.), The Philosphy of International Law. Oxford University Press.
Against ‘permanent sovereignty’ over natural resources.Chris Armstrong - 2015 - Politics, Philosophy and Economics 14 (2):129-151.
Between the metropole and the postcolony: On the dynamics of rights.Muhammad Ali Nasir - 2015 - Environment and Planning D: Society and Space 33 (6):1003-1021.
No cosmopolitan morality without state sovereignty.Kjartan Koch Mikalsen - 2017 - Philosophy and Social Criticism 43 (10):1072-1094.
Against ‘permanent sovereignty’ over natural resources.Chris Armstrong - 2015 - Politics, Philosophy and Economics 14 (2):129-151.
The Sovereignty of Human Rights.Patrick Macklem - 2015 - Oxford University Press USA.
Rawls's Narrow Doctrine of Human Rights.Alistair M. Macleod - 2006-01-01 - In Rex Martin & David A. Reidy (eds.), Rawls's Law of Peoples. Blackwell. pp. 134–149.

Analytics

Added to PP
2023-07-27

Downloads
14 (#990,520)

6 months
10 (#268,644)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references