Universal Human Rights and State Sovereignty
DOI:
https://doi.org/10.6000/1929-4409.2020.09.367Keywords:
Universal civil rights, concepts of human rights, international obligations, state sovereignty.Abstract
The relevance of the study is conditioned by the necessity of establishing the degree of interaction of universal rights and freedoms of the individual in civil and international law, as well as the possibility of limiting state sovereignty in the implementation of international obligations to ensure and protect human rights. The purpose of the paper is to investigate the international experience of legal regulation of universal human rights in order to develop ideas for their implementation in the legal framework of countries in transformation, including Ukraine. The leading methods of the study included the analysis of international and European practices of consolidating universal human and civil rights, modelling of legal structures acceptable to Ukraine. As a result of the study, it was concluded that the restriction of state sovereignty is possible only in favour of the individual based on the priority of human rights. The research materials can be useful for lawyers and government officials performing draft law activities, teachers of law schools, as well as officials and public administration officials who seek to apply the standards and practices of international regulation of universal human and civil rights in individual management cases.
References
Anzilotti, Dionisio. 1961. Course of International Law. Moscow: Foreign Literature Publishing House.
Constitution of Spain. 1978. Retrieved July 25, 2020 (http://www.congreso.es/portal/page/portal/Congreso/Congreso/Hist_Normas/Norm/const_espa_texto_ingles_0.pdf).
Constitution of the Arab Republic of Egypt. 1971. Retrieved July 25, 2020 (https://www.refworld.org/cgi-bin/texis/vtx/rwmain/ opendocpdf.pdf?reldoc=y&docid=54917e9c4).
Constitution of the Russian Federation. 1993. Retrieved July 25, 2020 (http://www.constitution.ru/index.htm).
Constitution of Ukraine. 1996. Retrieved July 25, 2020 (https://rm.coe.int/constitution-of-ukraine/168071f58b).
Convention against torture and other cruel, inhuman or degrading treatment or punishment. 1987. Retrieved July 25, 2020 (https://www.ohchr.org/en/professionalinterest/pages/cat.aspx).
Convention on the elimination of all forms of discrimination against women. 1979. Retrieved July 25, 2020 (https://www.ohchr. org/EN/ProfessionalInterest/Pages/CEDAW.aspx).
Convention on the rights of persons with disabilities. 2008. Retrieved July 25, 2020 (https://www.ohchr.org/en/hrbodies/crpd/ pages/conventionrightspersonswithdisabilities.aspx).
Convention on the rights of the child. 1989. Retrieved July 25, 2020 (https://www.ohchr.org/en/professionalinterest/pages/crc.aspx).
Declaration of state sovereignty of Ukraine. 1990. Retrieved July 25, 2020 (http://static.rada.gov.ua/site/postanova_eng/ Declaration_of_State_Sovereignty_of_Ukraine_rev1.htm).
Dr. Kaur, Gagandeep and Kumar Rajinderjit. 2018. Tracing the footprints of human rights from natural law to 21st century. https://doi.org/10.2139/ssrn.3283948
Dr. Surinder, Kaur. 2014. “Historical development of human rights”. Journal of Social Sciences Research 6(2): 996-999. https://doi.org/10.24297/jssr.v6i2.3469
Draft articles on responsibility of states for internationally wrongful acts, with commentaries. 2001. Retrieved July 25, 2020 (https://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf).
Draft articles on the responsibility of international organizations. 2011. Retrieved July 25, 2020 (https://legal.un.org/ilc/texts/ instruments/english/draft_articles/9_11_2011.pdf)
Freedom in the world. 2019. Retrieved July 25, 2020 (https://freedomhouse.org/sites/default/files/ABRIDGED_FH_FITW_2019_Report_FINAL.pdf)
Germany Constitution. 1949. Retrieved July 25, 2020 (http://www.servat.unibe.ch/icl/gm00000_.html).
Global compact for safe, orderly and regular migration. 2018. Retrieved July 25, 2020 (https://www.iom.int/global-compact-migration).
Goodman, Jack. 2018. What's the UN global compact on migration? Retrieved July 25, 2020 (https://www.bbc.com/news/world-46607015).
Henkin, Alice. 1979. Human Dignity: The Internationalisation of Human Rights. Cambridge: Cambridge Scholar Publishing.
International convention for the protection of all persons from enforced disappearance. 2006. Retrieved July 25, 2020 (https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-16&chapter=4)
International convention on the elimination of all forms of racial discrimination. 1969. Retrieved July 25, 2020 (https://www.ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx).
International convention on the protection of the rights of all migrant workers and members of their families. 1990. Retrieved July 25, 2020 (https://www.ohchr.org/EN/ProfessionalInterest/ Pages/CMW.aspx).
International covenant on civil and political rights. 1976. Retrieved July 25, 2020 (https://www.ohchr.org/en/professionalinterest/ pages/ccpr.aspx).
International covenant on economic, social and cultural rights. 1976. Retrieved July 25, 2020 (https://www.ohchr.org/en/profes-sionalinterest/pages/cescr.aspx).
Koščo, Victor. 2016. “Sovereignty: Analysis of its current issues in certain countries”. Challenges of the Future 1(1): 27-41.
Law of Ukraine “About international treaties of Ukraine”. 2004. Retrieved July 25, 2020 (https://cis-legislation.com/ document.fwx?rgn=9402).
Merezhko, Olexander. 2010. Problems of the Theory of International Public and Private Law. Kyiv: Justinian.
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21. 2017. Retrieved July 25, 2020 (https://documents-dds-ny.un.org/doc/UNDOC/GEN/G17/255/06/PDF/G1725506.pdf?OpenElement).
Pampura, Maria. 2016. Transformational processes of modernity and their impact on the state and legal reality of Ukraine. Retrieved July 25, 2020 (http://sd-vp.info/2016/ transformatsijni-protsesi-suchasnosti-ta-yih-vpliv-na-derzhavno-pravovu-dijsnist-ukrayini/).
Silova, Iveta. 2009. “Varieties of Educational Transformation: the Post-Socialist States of Central/Southeastern Europe and the Former Soviet Union”. Pp. 295-320 in International Handbook of Comparative Education. Dordrecht: Springer. https://doi.org/10.1007/978-1-4020-6403-6_19
The responsibility to protect: report of the international commission on intervention and state sovereignty. 2001. Retrieved July 25, 2020 (https://www.idrc.ca/en/book/responsibility-protect-report-international-commission-intervention-and-state-sovereignty).
Triepel, Heinrich. 1899. Völkerrecht und Ländsrecht. Leipzig: C.L. Hirschfeld
U.N. Members adopt global migration pact rejected by U.S. and others. 2018. Retrieved July 25, 2020 (https://www.reuters.com/article/us-europe-migrants-un-pact/u-n-adopts-global-migration-pact-rejected-by-u-s-and-others-idUSKBN1O90YS).
Universal declaration of human rights for children and youth: adoption history. 1947. Retrieved July 25, 2020 (https://libraryresources.unog.ch/UDHRforchildren/adoption).
Verbatim report of the meeting at which the universal declaration of human rights was adopted. 1948. Retrieved July 25, 2020 (https://undocs.org/ru/A/PV.183).
Vienna convention on the law of treaties. 1969. Retrieved July 25, 2020 (https://treaties.un.org/doc/Treaties/1980/01/ 19800127%2000-52%20AM/Ch_XXIII_01.pdf).
Voloshin, Yuriy. 2011. “Dualistic doctrine of the relationship between national and international law: The history of formation and modern content in terms of interstate integration”. State and Law 52: 162-167.
Werner, Wouter. 2004. “State sovereignty and international legal discourse”. Governance and International Legal Theory 23: 125-157. https://doi.org/10.1007/978-94-017-6192-5_5
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