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Unformatted text preview: olidarity, then it does not conflict with the remainder of sacrosanct sovereignty. 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. SOVEREIGNTY IS THE REASON FOR CONTINUED HUMAN RIGHTS VIOLATIONS 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. 1. One word explains why the international community has difficulty countering violations: "sovereignty." The distinguishing feature of a new order established by the Treaty of Westphalia, it obscured humanitarian intentions of earlier founders of international law.1 However, developing guidelines for the forcible delivery of assistance, beyond histo...
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This document was uploaded on 11/20/2013.
- Fall '13