The Idea of State Sovereignty and the Right of Humanitarian Intervention
Bibliographic Data
| ID | 6299251 |
|---|---|
| Authors | John Charvet (0000-0002-3553-5692, corresponding author) |
| Year | 1997 |
| Volume | 18 |
| Issue | 1 |
| Pages | 39-48 |
| Publication date | 1997-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Political Science Review (JOURNAL) |
| Journal identifiers | ISSN: 0192-5121 • E-ISSN: 1460-373X |
| Publisher | SAGE Publications Inc (PUBLISHER) |
| DOI | 10.1177/019251297018001004 |
| OpenAlex | W2094374221 |
| Language | EN |
| Citations received | 2 |
| References cited | 5 |
Does the recognition of human rights in international law undermine the traditional conception of international society as a society of sovereign states? The internal jurisdictional sovereignty of states is limited by those provisions and the non-intervention rule appears to be breached, but the most fundamental notion of sovereignty for international society is the absolute sense of not being subject to a superior authority. The notion of absolute sovereignty is examined with regard to the individual state on its own and it is argued that the only acceptable notion of absolute sovereignty is that of the general will of a political association, which is an ideal entity with a built-in moral structure of equal rights. Applied to international society, it is argued that the constitutional sovereign can only be the collective of states; this constitutional authority must itself be grounded in the sovereignty of the general will of international society, whose constituents are immediately the states but ultimately the general will of all the members of the different states. Since the general will is ideal with a built-in structure of equal rights of the human rights type, the recognition of human rights in international law is not a curtailment of this sovereignty but an expression of it
Absolute (philosophy · Human rights · International law · Law and economics · Political science · Politics · Popular sovereignty · Sociology · Sovereignty · State (computer science · Global Peace and Security Dynamics · International Law and Human Rights · Law · Philosophy · War, Ethics, and Justification
| Unique citing works | 2 |
|---|---|
| Citations per year | 0,08 |
| Citation span | 2001 - 2017 (17) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 2 |