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Unformatted text preview: ningful role by the United Nations, especially as those challenges touch on the issue of state sovereignty. SLHS Value File Sovereignty Bad
MORAL FLAW IN CONCEPT OF SOVEREIGNTY Kathryn Sikkink ** Associate Professor, Department of Political Science, University of Minnesota. B.A. 1980, University of Minnesota; Ph.D., Political Science 1988, Columbia University. Houston Journal of International Law Spring, 1997 p: np19 Hous. J. Int'l L 705 The time period of World War II demonstrated a moral flaw in the concept of sovereignty. That is, in cases where the state itself posed the primary threat to the well-being of citizens, the citizens had nowhere to turn for recourse or protection. n7 This flaw has long been recognized by Latin American government [*708] leaders. n8 Orestes Ferrara y Marino, a member of the Cuban delegation to the Sixth International Conference of American States in 1928, warned "if we declare in absolute terms that intervention is under no circumstances possible, we will be sanctioning all the inhuman acts committed within determined frontiers . . . ." n9 In the Americas, this moral flaw became glaringly apparent during the repressive military regimes many Latin American countries experienced in the 1970s and 1980s. EITHER SOVEREINGTY IS LEGITIMATE AND SHOULD BE VIOLATED IN THE NAME OF HUMAN RIGHTS, OR SOVEREIGNTY IS ILLEGITIMATE AND INTERVENTION IS JUSTIFIED Jarat Chopra and Thomas G. Weiss, District Administration for the United Nations Transitional Administration in East Timor and Presidential Professor at The Graduate Center of The City University of New York, 2002. Humanitarianism and War Project, p. 29. Proponents of humanitarian intervention can, and usually do, rely on one of two arguments, both of which lead to the same conclusion. To maintain the traditional concept of sovereignty is to accept its obsolescence and recognize that the emperor has no clothes. If sovereignty is dead, humanitarian intervention does not violate a sacred principle. On the other hand, if humanitarian intervention is permitted as part of an expanded definition of sovereignty and s...
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This document was uploaded on 11/20/2013.
- Fall '13