Vladimir Dmitriev

Correlation between State Sovereignty and Protection of Human Rights in the International Context of Applying Coercive Measures

2015. No. 2. P. 37–49 [issue contents]
Human rights have always been a category opposing national sovereignty and state power. Since the 1990s in the Western (American primarily) doctrine of international law, a view has been established that the principle of respect and the protection of human rights should dominate the other fundamental principles of international law primarily non-interference in the internal affairs and even non-use of force. As to state sovereignty, in the era of globalization, its role might decrease as in particular humanrights should acquire a universal significance and become part of responsibility for the international community. The paper justifies the imbalance between the approaches and modern reality in international practice. Opposing state sovereignty (its independence in the international arena and supremacyin internal affairs) demand of respect and the protection of human rights is opposition. The case of the Middle East shows that the state continues remaining the major institute ensuring the fundamental human rights only under a stable political regime, ensures a stable economic development and the protection of human rights. The responsibility of international community at least now cannot substitute the active role of state: the major responsibility to ensure human rights lies with national states. Theprogressive development of international law should aim the strength of stability and administration institutes in trouble-plagued regions. As the major trend in the development of international relations is regional integration, the role of regional organizations will increase including human rights. In these circumstances, the UN should develop a system of closer cooperation with regional integration institutes.
Citation: Dmitriev V. (2015) Sootnoshenie gosudarstvennogo suvereniteta i printsipa uvazheniya prav cheloveka v kontekste primeneniya mezhdunarodno-pravovykh mer prinuzhdeniya [Correlation between State Sovereignty and Protectionof Human Rights in the International Contextof Applying Coercive Measures]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 37-49 (in Russian)
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