2.1 Promoting and enforcing rights: State Sovereignty Flashcards Preview

Legal Studies HSC > 2.1 Promoting and enforcing rights: State Sovereignty > Flashcards

Flashcards in 2.1 Promoting and enforcing rights: State Sovereignty Deck (10):
1

state sovereignty

States have independence and hence the right to govern and make their won rules in the best interests of their citizens. These must not contradict fundamental international conventions (juz cogens).

2

in assessing the role of SS in promoting and enforcing HR what must you consider with regard to human rights?

how protection of HR internationally undermines the idea of national sovereignty bc it means interfering with a nation's domestic affairs.

3

Despite SS being recognised by the UN what is increasingly being recognised? (assessing the role of SS in promoting and enforcing HR)

that nations have the responsibility to protect the HR of their citizens and that scrutiny of this protection is a legitimate international concern

4

Explain the limites on the sovereignty of the state

In Juz cogens the principles are so fundamental to HR and the maintenance of HR they must override SS

5

What do some nations recognise with regard to SS

that the international community should intervene to stop HR violations if they endanger world peace and security

6

Whilst nations have SS what is something good that exists to help provide justice if it is abused?

If state officials violate international criminal law they can be prosecuted with Tribunals, courts

7

What does SS rely on to be effective in promoting and enforcing HR?

HR protection relies heavily on the will of the nation state to enact appropriate legislation, based on international instruments

8

the impact that state sovereignty has on human rights influences whether

there is recognition, protection or enforcement of such rights.

9

What is an example of SS enabling HR to be enforced?

Eg. a sovereign state may recognise the fundamental HR as listed in the UDHR and then enact them into domestic legislation as seen in the Australian Racial Discrimination Act 1975 (Cth).

10

what is an obvious limiting factor of the notion of SS in promoting and enforcing HR?

It means that states have the power to create and enforce legislation that violates HR and are not obliged to abide by international law.

Decks in Legal Studies HSC Class (45):