Chapter

Human Rights and State Sovereignty: Have the Boundaries been Significantly Redrawn?

Hélène Ruiz Fabri

in Human Rights, Intervention, and the Use of Force

Published in print September 2008 | ISBN: 9780199552719
Published online January 2009 | e-ISBN: 9780191721090 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199552719.003.0002

Series: Collected Courses of the Academy of European Law

 Human Rights and State Sovereignty: Have the Boundaries been Significantly Redrawn?

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This chapter focuses on the interplay between sovereignty and human rights. It examines both traditional approaches and more recent developments in order to discover whether or not the substantive frontiers of each have been ‘significantly redrawn’ in response to prevailing international realities. It begins with a brief account of the classical conceptualizations of each, insisting on the distinction between internal and external sovereignty in international law. Human rights are fundamentally concerned with the relations between states and their nationals; precisely the area previously thought to have been reserved most emphatically to the freedom of the former. This is the basis for the common view that human rights and sovereignty are essentially antithetical, that a gain for one is automatically and inevitably a loss for the other.

Keywords: sovereignty; human rights; limitation; expansion; autonomy

Chapter.  27070 words. 

Subjects: Human Rights and Immigration

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