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Human rights are moral principles or norms for certain standards of human behaviour and are regularly protected in municipal and international law. They are commonly understood as inalienable, fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings", regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are regarded as requiring empathy and the rule of law and imposing an obligation on persons to respect the human rights of others, and it is generally considered that they should not be taken away except as a result of due process based on specific circumstances.
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the person, body, or institution that has the ultimate authority over other people in order to establish a law or change an existing law. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. De jure sovereignty refers to the legal right to do so; de facto sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and reside within the same organization.
Territorial integrity is the principle under international law that gives the right to sovereign states to defend their borders and all territory in them of another state. It is enshrined in Article 2(4) of the UN Charter and has been recognized as customary international law. Conversely it states that imposition by force of a border change is an act of aggression.
International relations (IR), sometimes referred to as international studies and international affairs, is the scientific study of interactions between sovereign states. In a broader sense, it concerns all activities between states—such as war, diplomacy, trade, and foreign policy—as well as relations with and among other international actors, such as intergovernmental organisations (IGOs), international nongovernmental organisations (INGOs), international legal bodies, and multinational corporations (MNCs). There are several schools of thought within IR, of which the most prominent are realism, liberalism, and constructivism.
Jus ad bellum is a set of criteria that are to be consulted before engaging in war in order to determine whether entering into war is permissible, that is, whether it will be a just war. This is distinct from the set of rules that ought to be followed during a war, known as jus in bello.
Human security is a paradigm for understanding global vulnerabilities whose proponents challenges the traditional notion of national security through military security by arguing that the proper referent for security should be at the human rather than national level. Human security reveals a people-centred and multi-disciplinary understanding of security which involves a number of research fields, including development studies, international relations, strategic studies, and human rights. The United Nations Development Programme's 1994 Human Development Report is considered a milestone publication in the field of human security, with its argument that ensuring "freedom from want" and "freedom from fear" for all persons is the best path to tackle the problem of global insecurity.
Sovereigntism, sovereignism or souverainism is the notion of having control over one's conditions of existence, whether at the level of the self, social group, region, nation or globe. Typically used for describing the acquiring or preserving political independence of a nation or a region, a sovereigntist aims to "take back control" from perceived powerful forces, either against internal subversive minority groups, or from external global governance institutions, federalism and supranational unions. It generally leans instead toward isolationism, and can be associated with certain independence movements, but has also been used to justify violating the independence of other nations.
International security, also called global security is a term which refers to the measures taken by states and international organizations, such as the United Nations, European Union, and others, to ensure mutual survival and safety. These measures include military action and diplomatic agreements such as treaties and conventions. International and national security are invariably linked. International security is national security or state security in the global arena.
Humanitarian intervention is the use or threat of military force by a state across borders with the intent of ending severe and widespread human rights violations in a state which has not given permission for the use of force. Humanitarian interventions are aimed at ending human rights violations of individuals other than the citizens of the intervening state. Humanitarian interventions are only intended to prevent human rights violations in extreme circumstances. Attempts to establish institutions and political systems to achieve positive outcomes in the medium- to long-run, such as peacekeeping, peace-building and development aid, do not fall under this definition of a humanitarian intervention.
Non-interventionism or non-intervention is a political philosophy or national foreign policy doctrine that opposes interference in the domestic politics and affairs of other countries but, in contrast to isolationism, is not necessarily opposed to international commitments in general. A 1915 definition is that non-interventionism is a policy characterized by the absence of "interference by a state or states in the external affairs of another state without its consent, or in its internal affairs with or without its consent".
The Responsibility to Protect is a global political commitment which was endorsed by all member states of the United Nations at the 2005 World Summit in order to address its four key concerns to prevent genocide, war crimes, ethnic cleansing and crimes against humanity. The doctrine is regarded as a unanimous and well established international norm over the past two decades.
Westphalian sovereignty, or state sovereignty, is a principle in international law that each state has exclusive sovereignty over its territory. The principle underlies the modern international system of sovereign states and is enshrined in the United Nations Charter, which states that "nothing ... shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state." According to the idea, every state, no matter how large or small, has an equal right to sovereignty. Political scientists have traced the concept to the Peace of Westphalia (1648), which ended the Thirty Years' War (1618–1648) and Eighty Years' War (1568–1648). The principle of non-interference was further developed in the 18th century. The Westphalian system reached its peak in the 19th and 20th centuries, but it has faced recent challenges from advocates of humanitarian intervention.
The International Commission on Intervention and State Sovereignty (ICISS) was an ad hoc commission of participants which in 2001 worked to popularize the concept of humanitarian intervention under the name of "Responsibility to protect".
In neo-Calvinism, sphere sovereignty, also known as differentiated responsibility, is the concept that each sphere of life has its own distinct responsibilities and authority or competence, and stands equal to other spheres of life. Sphere sovereignty involves the idea of an all encompassing created order, designed and governed by God. This created order includes societal communities, their historical development, and their abiding norms. The principle of sphere sovereignty seeks to affirm and respect creational boundaries, and historical differentiation.
International law is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations, precision, and delegation.
A sovereign state or sovereign country, is a political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined territory, one government, and the capacity to enter into relations with other sovereign states. It is also normally understood that a sovereign state is independent. According to the declarative theory of statehood, a sovereign state can exist without being recognised by other sovereign states. Unrecognised states will often find it difficult to exercise full treaty-making powers or engage in diplomatic relations with other sovereign states.
The Lexington Principles on the Rights of Detainees is a body of international due process principles that reflect the prevailing transnational norms in the area of detainee treatment. The Lexington Principles were completed and published on April 1, 2009. The instrument consists of 45 principles and countless annotations prepared by the project's law student editorial board. A primary purpose of the drafters of the Lexington Principles was to assist the jurisprudential evolution of American constitutional due process standards after the U.S. Supreme Court's decision in Boumediene v. Bush. While each Principle is based on international law, all provisions have been drafted to facilitate vertical norm internalization into the domestic legal system of the United States and other common law countries.
The responsibility to protect (R2P) is a widely endorsed and developing norm aimed at preventing humanitarian atrocities. China has been surprisingly receptive towards the development of R2P since its inception in 2001, despite China's traditional tendency to obstruct engagement in humanitarian crises. As veto-wielding Security Council member, important regional power, and major economic power, with interests in states experiencing, or vulnerable to, humanitarian crisis, including Nigeria, Zimbabwe, Angola and Sudan, the support of China for R2P is vital.
International legal theory comprises a variety of theoretical and methodological approaches used to explain and analyse the content, formation and effectiveness of public international law and institutions and to suggest improvements. Some approaches center on the question of compliance: why states follow international norms in the absence of a coercive power that ensures compliance. Other approaches focus on the problem of the formation of international rules: why states voluntarily adopt international legal norms, that limit their freedom of action, in the absence of a world legislature. Other perspectives are policy oriented; they elaborate theoretical frameworks and instruments to criticize the existing rules and make suggestions on how to improve them. Some of these approaches are based on domestic legal theory, others are interdisciplinary, while others have been developed expressly to analyse international law.
Prevention of genocide is any action that works toward averting future genocides. Genocides take a lot of planning, resources, and involved parties to carry out, they do not just happen instantaneously. Scholars in the field of genocide studies have identified a set of widely agreed upon risk factors that make a country or social group more at risk of carrying out a genocide, which include a wide range of political and cultural factors that create a context in which genocide is more likely, such as political upheaval or regime change, as well as psychological phenomena that can be manipulated and taken advantage of in large groups of people, like conformity and cognitive dissonance. Genocide prevention depends heavily on the knowledge and surveillance of these risk factors, as well as the identification of early warning signs of genocide beginning to occur.
References
- ↑ "The Role of the U.S. Government in Humanitarian Intervention" . Retrieved 2007-07-09.
- ↑ "Foreign Affairs - Illusions of Empire: Defining the New American Order - G. John Ikenberry" . Retrieved 2007-07-09.
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