Jornal of Eslamic Human Rights

Human Rights and Its Impact on the Sovereignty of States with Emphasis on Post-Westphalia

Document Type : Original Article

Authors

seyed mohammadreza mousavi 1
abbasali Talebi 2

1 Assistant Professor, Department of Islamic Studies, Kermanshah University of Technology, Kermanshah, Iran

2 Assistant Professor, Department of Political Science and International Relations, Savadkouh Branch, Islamic Azad University, Savadkouh, Iran.

Abstract
The following article, using a descriptive-analytical research method and a theoretical framework, considers the interdependence of human rights with the sovereignty of states and raises the question of what impact the process of universalization of human rights has had on the sovereignty of states in the post-Westphalian era. In response to this hypothesis, it is proposed that the sovereignty of states in the post-Westphalian era, under the influence of the process of universalization of human rights and executive and supervisory mechanisms, while maintaining their identity, has reduced the scope of their independence and authority in favor of this emerging phenomenon and has been forced to accept its judgments and then cooperate with a diverse range of international actors. The results show that, first, states have lost part of their power due to the process of mutual solidarity by joining international treaties. Second, the obligation of states to approve and adapt domestic laws to international laws, the abolition of judicial immunity, international criminal responsibility, and the formation of human rights regimes have reduced the scope of legal and political authority of states in Third, in the post-Westphalian period, the era of independent states with independent sovereignty by themselves is coming to an end.

Keywords

human rights
sovereignty of states
modification of the principle of non-intervention
abolition of judicial immunity
human rights regimes
Subjects

Home

Guide for Authors

Submit Manuscript

Reviewers

Contact Us