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The Moral Dimensions of Human Rights$
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Carl Wellman

Print publication date: 2010

Print ISBN-13: 9780199744787

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199744787.001.0001

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International Rights versus National Sovereignty

International Rights versus National Sovereignty

Chapter:
(p.101) 7 International Rights versus National Sovereignty
Source:
The Moral Dimensions of Human Rights
Author(s):

Carl Wellman

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199744787.003.0007

This chapter examines critically the way in which national sovereignty has limited and still limits the implementation of international human rights. It describes the relevance of the United Nations Charter, General Assembly resolutions, United Nations practices, and international court cases. After identifying the unresolved issues in international law, it argues that international law ought not to be based exclusively on the consent of nation-states, that individual states or coalitions of states ought not to be legally permitted to intervene by the use of military force to stop or prevent the violation of human rights without the authorization of the Security Council, and that the power of the General Assembly to call on states to intervene with coercive measures short of military force ought not to be rigidly limited.

Keywords:   human rights, national sovereignty, United Nations Charter, General Assembly resolutions, United Nations practices, international court cases, intervention, military force, coercive measures, security Council

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