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Unformatted text preview: hen it does not conflict with the remainder of sacrosanct sovereignty. SLHS Value File SOVEREIGNTY MUST BE CONTINUALLY REAFFIRMED, MEANING STATES THAT VIOLATE HUMAN RIGHTS FORFEIT THEIR SOIVEREIGNTY PROTECTION Elizabeth E. Ruddick, Director of Strategic Research of Citizenship and Immigration Canada, 1997. Boston University Law Review, p. 464. In this decision, Huber articulated two attributes of sovereignty under modern international law that could legitimate nonconsensual humanitarian assistance. First, territorial sovereignty must be established and maintained by a continuous display of State activities. n187 Second, sovereignty confers an exclusive right to display State activities, but also carries with it a corollary duty to protect the interests of other States within the territory from which they are thus excluded. n188 According to Barcelona Traction, States now owe all other States a duty to respect fundamental human rights. n189 Incorporating the Barcelona Traction doctrine into the reasoning of Island of Palmas, maintaining sovereignty at the end of the twentieth century should require protection of fundamental human rights. At a minimum, large-scale and systematic violations of human rights prohibited under principles that admit of no derogation n190 should jeopardize a State's sovereign rights. GROSS ABUSES OF HUMAN RIGHTS CAN TRIGGER CHAPTER VII INTERVENTION BECAUSE OF THE THREAT TO INTERNATIONAL PEACE Christopher J. Le Mon and Rachel S. Taylor, Law Clerk, International Court of Justice, 2003-04 and Deputy Editor, Tribunal Project, Institute for War and Peace Reporting, 2004. U.C. Davis Journal of International Law & Policy, p. 207. For much of the United Nations' history, a threat to the peace was thought to refer to a situation with international effects. In recent years, however, the Security Council, as shown infra at Part III, has displayed an increased willingness to view gross abuses of human rights, often without any trans-border effects, as a threat to the peace, thus permitting action under Chapter VII of the Charter. An interp...
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This document was uploaded on 11/20/2013.
- Fall '13