Why is the rise of an international human-rights law a challenge to state sovereignty? How has the international human rights law changed the traditional positivist (state-centered) international law? Considering that human rights have been used as a pol

International Human Rights Law vs . State Sovereignty State Sovereignty

Sovereignty is literally being in power over a certain specific area , a group of people or just among oneself . It gives the sovereign body the right to put into effect their political power and influence . This power includes the legislative , judicial and executive capabilities

State Sovereignty is being in power , being able to exercise the political power you have over a certain state . It involves creating laws , implementing these laws , and imposing justice when there is a breach in these laws . But this

power is only concentrated on the sovereign body of that state , making him the sole bearer of that sovereign power ADDIN EN .CITE MatteoJanuary Matteothe future of state sovereignity and statehoodJanuary 2003http /www .ejil .org /forum /me ssages /683 .html (Matteo , January 2003

The International Human Rights Law

This is the universal declaration of human rights , governing all the existing laws , rights and limitations in all the nations involved . This declaration would give rise to general principals , the standards of human rights , concerning all the nations in the world ADDIN EN .CITE Univers al Declaration of Human Rights1998United Nationshttp /www .un .org /Overview /r ights .html (1998

The Challenge

The declaration of the human rights law is a clear statement of challenging previous law being implemented on a certain state . This is a challenge to the existing state sovereignty , wherein the power that is concentrated on a certain sovereign body may be overruled by an individual 's human rights . Thus , this declaration limits the power of the state , their governance , over the people . Before , they are the ones creating and implementing rules . Now , these rules may or may not be followed

Clearly , the administration of the laws by the state itself is affected by the international human rights , because these rights are made to be affecting all the nations of the world as a whole . It is like a generalization , wherein your direct target is the whole nation itself States have laws which differ from other places or other states

Sovereignty is giving them the power to create such laws . But because of the International Human Rights Law , this power is removed . They are not the ones creating these laws . All they can do is oversee and promote the implementation of these laws in their states ADDIN EN .CITE GeorgeJuly Susan George State sovereignity under threat : Globalising designs of the WTOJuly 1999Le Monde Diplomatiquehttp /www .stelling .nl konfront /5e1999 /7803 .html (George , July 1999

According to the Universal Declaration of Human Rights , these laws are set as a general criterion of achievement that encompasses all the peoples and nations around the world . This also means that every person and every part of the society is expected to always remember this Declaration , and spread their learning about these laws to other people .Teaching and educating them means that you respect this set of rules and regulations , and you wish them to also recognize these rules . Thus , you are promoting...