On The International Protection Of Human Rights And State Sovereignty

After the World War II, the international protection of human rights entered the world realm, however, the dispute and conflict on the internationalization of it has been more and more fierce after the 'cold war'. Further more, the relationship between international protection of human rights and state sovereignty has been one of the hot topics in the word in recent years. This thesis analyzes the relationship between them systematically from the perspective of the international law, and it is of great significance to the theoretical construction and protection of human rights of our country and opposing the interference. The whole thesis consists of four parts and about 45000 words.The first part: the concept and development of international protection of human rights and state sovereignty.This part introduces the concept of international protection of human rights and state sovereignty. Firstly, it gives a brief introduction of the concept of human rights and the wide divergence to it in the academe. Secondly, it summarizes the definition, development and implement of the international protection of human rights. Belonging to internal affairs before the 20^th century, the international protection of human rights entered the realm of international law after the World War II. After a series of document had been passed through after the establishment of the United Nations, human rights protecting system came into being. Then, the thesis gives an introduction to the concept and development of state sovereignty. State sovereignty grows with the international law and it has double characters: supreme authority internally and independent authority externally.The second part: the development of relationship between international protection of human rights and state sovereignty.This part discusses the development of the relationship between the international protection of human rights and state sovereignty and it reveals that the relationship is of different characteristics in different historical period.The relationship between human rights and sovereign right is a dualistic one based on self-center Europe in modern history of the world. The first one is international relations and laws based on human rights and sovereign equality of the so-called "civilized nations" in Europe and the idea of general human rights based on above. Secondly, European countries do not admit that other countries are sovereign states, therefore they deny these countries enjoy basic human rights in the theory and practice. After the October Revolution, contemporary international laws took on the shape gradually. The United Nation Charter confirmed the sovereignty of all countries and sovereign equality principle, and the theory and practice of modern international human rights protection have been formed. After the cold war, great changes havetaken place in the international relations, the economic globalization trend is being accelerated, and neo-interventionism develops malignantly. All these are challenging the protection of human rights and state sovereignty.The third part: the basic relationship between international protection of human rights and state sovereignty.This part expounds the relationship between international protection of human rights and state sovereignty. They are not absolutely opposite, but mutually unified and promoting. On one side, the international protection of human rights put forward a new challenge to the state sovereignty. On the other side, the state sovereignty restricts influence of the international protection of human rights. Under the principle of noninterference in each other's internal affairs, the international society can make interference in order to protect human rights under some special circumstance. It is pointed out in this thesis that on the issue of the international protection of human rights and state sovereignty, the correct attitude is we should promote the international protection on the basic of respecting the state sovereignty and noninterference in each other's internal affairs.The fourth part: theory and practice on the issue that human rights protection with state sovereignty of China.Firstly, if generalizes the history and current situation of human rights in China. Then, if discusses the theory and practice of relationship between the human rights and state sovereignty in China. China advocates respecting mutual sovereignty and objects to interfering the internal affairs of other states under the excuse of human rights. The theory and practice of human rights in China has set a good example of the relationship between the international protection of human rights and state sovereignty.