state sovereignty

Question 1

nations seeking independent statehood will often claim a right to…..

Answer 1

self-determination

Question 2

what is the state soverignty

Answer 2

within one country/nation state, there is a group or body with supreme law-making authority and has independence and freedom from external interference in its affairs..
-under the control of that nation

Question 3

what are two concepts that come along w state sovereignty ?

Answer 3

-international law cannot interfere wo state consent
-not all gov equally accept idea of own ppl having certain rights. some countries wo democratic processes rely on sovereignty to justify mistreatement of their own citizens

Question 4

what are the strengths of state sovereignty

Answer 4

-celebration of diversity : countries all have different circumstances and therefore they can choose which treaties apply the best to them

-it acknowledges unique culture, history and social structure.

-legal system meets wants & needs of citizens more accurately

Question 5

what are the weaknesses of state sovereignty

Answer 5

-precents binding/overriding authoirty : UN cannot override domestic law unless signatories.

UN has ‘moral authority’ not legal

nations only bound to international law when they sign it- unable to hold accountable wo signatory

Question 6

whats the role ofinternational HR in state sovereignty? (3)

Answer 6

-provides opportunities 4 state to provide protection for citizens wo external influence

-states use it as a way to maintain world order (moral compliance pertaining HR thro international docs)

-promotes HR- morally binding in their own domestic legislation

Question 7

example of how aus has incooperated state sovereignty in domestic legislation

Answer 7

For instance, Australia enacted **The Racial Discrimination Act 1975 (Cth) **in compliance with the UDHR
* This may even allow the state to enforce HR in a way that morally captivates the members of that state

Question 8

how does state sovereignty hinder HR

Answer 8

countries without democratic processes may rely on sovereignty to justify mistreatment of their own citizens.

Question 9

example of aus using state soverignty (hinderness)

Answer 9

For example, Gillian Triggs from the Australian Human Rights Committee found the liberal government in 2015 to be committing HR violations. Tony Abott exercised sovereignty by declaring that aus is sick of being lectured to by the AHRC and continued to use offshore detention as a means of controlling asylum seeker issues.