S.S.Lotus to Gambia v. Myanmar Jurisprudence: Incompatability of Principles of State Sovereignty and Human Rights
Dr. Lekshmi Viswanath
Human Rights, ICJ, International Law, State Sovereignty
Human Security and welfare are the central themes of a State’s existence. It is the general rule of international law that States are bound to respect and protect humans and fulfil their human rights commitments and obligations and safeguard the fellow human-beings from abuses and violations. But it is often seen throughout history that State by its power and authority shielded by sovereignty has used it as an arm to suppress its own people. Initially, it was the negation, violation and suppression of civil, political, economic, social and cultural rights which resulted in the various revolutions of the world and the subsequent adoption of the human rights covenants. Whereas, these contemporary forms of State aggressions took an aggravated extent of destruction of indigenous identity, racism, apartheid, ethnic cleansing and genocide described as the crimes against humanity with its power and authority. The catastrophes of the Second World War experienced by the international community gave the understanding of exclusive power of sovereignty attributed to the State. To prevent and to achieve the principle of the “never again clause”, the international community acknowledged the fact that conferring human rights issues within the exclusive domain of the State will give the State the uncontrollable power which can be a threat to international peace and security and to entire humanity. To overcome these situations, UN has taken many viable initiatives through the Charter of UN and other international treaties and conventions to protect human rights and to make States responsible and accountable for its violations. But its inherent constraints and practical difficulties undoubtedly created by the besieged State-Centrism upholded by the strong and big powers in international relations weakened the efforts which were even reflected in the history of international legal jurisprudence. Hence, this paper focuses on the judicial elucidations and advancements on the incompatibility between the principles of State Centrism and its sacrosanct obligation of protection of the human rights of its people.
Article Details
Unique Paper ID: 166460

Publication Volume & Issue: Volume 11, Issue 2

Page(s): 659 - 666
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