- Table of National Cases
- Table of Treaties, Declarations, and Other International Instruments
- Table of Abbreviations
- Notes on the Contributors
- Moral Philosophy
- Biological Foundations of Human Rights
- Sociology of Human Rights
- The Psychological Foundations of Human Rights
- Anthropology and the Grounds of Human Rights
- The Foundations of Justice and Human Rights in Early Legal Texts and Thought
- General Principles and Constitutions as Sources of Human Rights Law
- The Anti-Slavery Movement and the Rise of International Non-Governmental Organizations
- Diplomatic Protection as a Source of Human Rights Law
- Humanitarian Law as a Source of Human Rights Law
- Social Justice, Rights, and Labour
- The Protection of Minorities under the Auspices of the League of Nations
- Human Dignity
- Democracy and the Rule of Law
- The Law-Making Process: From Declaration to Treaty to Custom to Prevention
- Core Rights and Obligations
- Jus Cogens and Obligations Erga Omnes
- Positive and Negative Obligations
- From Commission to the Council: Evolution of UN Charter Bodies
- The Role and Impact of Treaty Bodies
- The Role of International Tribunals: Law-Making or Creative Interpretation?
- Universality and the Growth of Regional Systems
- National Implementation and Interpretation
- Roles and Responsibilities of Non-State Actors
- Interpretation of Human Rights Treaties
- Enforcing Human Rights Through Economic Sanctions
- Transnational Litigation: Jurisdiction and Immunities
- The Use of International Force to Prevent or Halt Atrocities: From Humanitarian Intervention to the Responsibility to Protect
- Trade Law and Investment Law
- Creating and Applying Human Rights Indicators
- What Outcomes for Victims?
- Human Rights Make a Difference: Lessons from Latin America
Abstract and Keywords
This article examines the impact of the principle of state sovereignty on the enforcement of international human rights law. It contends that while state sovereignty may still be an obstacle to the implementation of human rights and fundamental freedoms within many municipal legal systems, governments that engage in serious violations of the internationally accepted human rights norms will inevitably bear the brunt of their unbecoming laws and practices. This article also argues that state sovereignty is thus no longer an absolute right and that its implementation has become subordinate to the values imbedded in the human rights doctrine.
International Law and Human Rights, Emory University
Johan D. van der Vyver is the I.T. Cohen Professor of International Law and Human Rights in the School of Law of Emory University. His current teaching obligations include Public International Law, International Human Rights, International Criminal Law, International Humanitarian Law, and Comparative Constitutional Law. He is also an Extraordinary Professor in the Department of Private Law at the University of Pretoria in South Africa. Before joining the faculty of law at Emory in 1995, he was a professor of law in the University of the Witwatersrand, Johannesburg in South Africa. His academic qualifications include a Doctor of Laws (Ph.D.) degree of the University of Pretoria (1974), a Doctor of Laws degree (honoris causa) of the University of Zululand (1993), and one of the Potchefstroom University for Christian Higher Education (2003) in South Africa, as well as the Diploma of the International and Comparative Law of the International Institute of Human Rights in Strasbourg, France (1986). He is the author of 8 books and in excess of 200 law review articles, chapters in books, and book reviews.
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