Limiting sovereignty and legitimising intervention

Jaber, N. (2016). Limiting sovereignty and legitimising intervention.
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International law’s elevated focus on the protection of human rights has resulted in a shift from a purely state-centered body of law to one that is increasingly focused on individual rights. This has been accompanied by a shift away from the concept of sovereignty as protection against external interference, to one of sovereignty as responsibility. According to Anne Peters, sovereignty can no longer be regarded as the “first principle” of international law; rather “it should be seen to exist only in function of humanity.” While this is desirable, this article argues that it presents a rather utopian and unrealistic understanding of international law as it is currently formulated. To what extent has sovereignty been limited by human rights and what are the implications of this for non-intervention?

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