 Human rights, sovereignty, and the use of forceSassan Gholiagha Chapter 27 in Handbook on Global Constitutionalism, 2023, pp 395-408 from Edward Elgar Publishing Abstract: This chapter discusses the prohibition of the use of force as a fundamental norm in global politics, focusing primarily on questions of ius ad bellum. It does this through both empirical analysis and a discussion of normative ideals. The inherent tension between sovereignty and non-interference on the one side and the protection of human rights on the other constitutes the backdrop of this chapter. The chapter then discusses whether and how the Responsibility to Protect may resolve this tension. Furthermore, the chapter advocates shifting our attention to the individual human being in the discourse on R2P. In conclusion, the chapter illustrates how R2P may provide individuals with rights to be protected and what this means for a potentially emerging global constitutional order. As such a right to be protected remains a normative ideal, for now, the conclusion briefly turns to ius in bello, discussing the role of International Humanitarian Law and International Human Rights Law in protecting individuals in armed conflicts. Keywords: Economics and Finance; Law - Academic; Politics and Public Policy (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:20899_27 Ordering information: This item can be ordered from Access Statistics for this chapter More chapters in Chapters from Edward Elgar Publishing |
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