State sovereignty and the international law of human rights

AuthorRamona Gabriela Paraschiv
PositionUniversity, Bucharest - Romania
Pages160-165
AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro
ISSN 1843-570X, E-ISSN 2067-7677
No. 4 (2013), pp. 160-165
160
STATE SOVEREIGNTY AND THE INTERNATIONAL LAW OF
HUMAN RIGHTS
R. G. Paraschiv
Ramona-Gabriela Paraschiv
Faculty of Law, “Dimitrie Cantemir” Christian University, Bucharest, Romania
*Correspondence: Râmnicu Vâlcea, 30 General Magheru St., Vâlcea, Romania
E-mail: ramonaparaschiv@rocketmail.com
Abstract
Promoting human rights at an international level implies state cooperation for
establishing agreements concerning the improvement of measures which are imposed in this
field, as well as adopting certain conventions related to the new dimensions of rights or even
with the new human rights.
Human rights represent an extraordinarily complex branch of law, which embodies
both internal order as well as international order, defining and adding up a set of rights,
liberties and obligations of people- some against the other, of the states to defend and
promote these rights, of the entire international community to survey the observance of those
rights and liberties in each country – which permits the intervention by means of public
international law in those situations in which these right would have normally been breached
in a certain state. Thus, the principle of state sovereignty may not be opposed to the necessity
of protecting human rights, in order to justify to the international community the infringement
of these rights inside states.
Keywords: sovereignty, international law, human rights, international protection of
the human rights, subsidiarity
Introduction
From the beginning of mankind and over its evolution, scientists, wisemen,
clairvoyant, have contributed to affirming some rights of the individual in his relation with
power
1
, formulating realistic law principles such as: liberty, equality, solidarity, which,
gradually led to the attenuation of brute force in social relations, in favour of emancipating
man. Consecrating at an international level the defense of human rights is based on the
state acceptance of the fact that protecting these rights can not be left to the discretion of
every individual state, as the sovereignty of the state represents the grounds for protecting the
rights of their own citizens
2
and other persons from its territory or that enter in contact with
the state, and not by breaching them.
1
In China, Confucius considered man to be the center of his thinking system, indicating justice a nd humanity as
main virtues.
2
“It is an elementary principle of international law which authorises the state to protect its p rejudiced citizens by
means of contrary acts to the international law committed by another state and for which they co uld not obtain
any redress using ordinary means of appeal. By embracing the cause o f one of its citizens and setting in motion
the diplomatic or international legal action in its favour, this state i s valuing his own right, the right to be
observed in the person of its citizens, the international law” (The International Permanent Court of Justice,
Mavrommatis Concessions in Palestina, Greece against the United Kingdom of Great Britain, Decision from
30th of August 1924 – in Miga-Beteliu R.& Brumar C., Protecia internaional a drepturilor omului, 4th
edition reviewed, Universul Juridic Publishing, Bucharest, 2008 , p. 14).

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