Authors: Abdullah Kadir1 & Zana Tofiq Kaka Amin2
1Department of Law, University of Raparin, Rania, Iraq
2Department of Law, University of Raparin, Rania, Iraq
Abstract: 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.
Keywords: Human Rights, Sovereignty, Responsibility, State, Humanitarian Intervention, Andrew Vincent
Annan, K. (1999). Two concepts of sovereignty, The economist, 18(9), 49-50.
Ayoob, M. (2002). Humanitarian intervention and state sovereignty. The International Journal of Human Rights, 6(1), 81-102.
Brown, C.(1997). Universal human rights: a critique. The International Journal of Human Rights, 1(2), 41-65.
Carey. S. C., Gibney, M., & Poe, S. (2010). The Politics of Human Rights, The Quest for Dignity. New York: Cambridge University Press.
Cranston, M. (1973). What are Human Rights. London: Bodley Head.
Donnelly, J (2007). International Human Rights, Dilemmas in World Politics. West View Press.
Donnelly, J. (1999). The Social construction of International Human Rights in Dunne, T., & N. J.
Wheeler (Ed) Human Rights in Global Politics. Cambridge: Cambridge University Press.
Donnelly, J. (2013). Universal Human Rights in theory and Practice. Cornwall: Cornwall University Press.
Dower, N. (1997). Human rights and international relations. The International Journal of Human Rights, 1(1), 86-111.
Dunne, T., & Hanson, M. (2009). Human rights in International Relations in Good hart, M, et al (Ed), „Human rights Politics and Practice (pp.59-72). New York: Oxford University Press.
Forsythe, D. P. (2000). Human Rights in International Relations. New York: Cambridge University Press.
Gallagher, A. (2011). A Clash of Responsibilities: Engaging with Realist Critiques of the R2P, University of Leicester.
Holzgrefe, J. L. (2003). Humanitarian Intervention: Ethical, Legal, and Political Dilemmas. Cambridge: CUP.
International Development Research Centre (2001). The Responsibility to Protect: Report of The International Commission on Intervention and State Sovereignty, Ottawa: International Development Research Centre.
International Commission on Intervention, State Sovereignty (ICISS). (2001). The Responsibility to Protect: Report of The International Commission on Intervention and State Sovereignty, Ottawa: International Development Research Centre.
Jackson, R. (2007). Sovereignty, Evolution of an Idea. Cornwall: Cornwall polity press.
Ki-Moon, B. (2009). Report of the Secretary General-Implementing the Responsibility to Protect‟ (UN A/63/677/ 12 January 2009) to link. Retrieved from http://www.responsibilitytoprotect.org/index.php/component/content/article/628 accessed on 11/4/2017.
Krasner, S, D. (1999). Sovereignty: Organized Hypocrisy. Princeton: Princeton University Press.
Kuperman, A, J. (2009). Humanitarian Intervention in Good hart, M, et al (Ed), Human rights Politics and Practice, New York: Oxford University Press, pp.334-350.
Langlois, A. J. (2009). Normative and Theoretical Foundations of Human Rights in Good hart, M, et al (Ed), Human rights Politics and Practice, New York: Oxford University Press, pp.11-24.
Vincent, A. (2010). The Politics of Human Rights, New York: Oxford University Press.
International Journal of Social Sciences & Educational Studies
ISSN 2520-0968 (Online), ISSN 2409-1294 (Print), October 2017, Vol.4, No.2 (Special Issue)