Analysis And Criticism To Liberal Theory Of "Human Rights Above Sovereignty"

Human rights and national sovereignty in the field of international relations has been a issue of concern. With the growing trend towards globalization, the relation of human rights and sovereignty has been showing a number of new features, international attributes of human rights has become increasingly prominent.Many Western liberal scholars has formed the view that national sovereignty has lost some of its all-encompassing supreme authority, international politics and domestic political connections have become increasingly close, the issue of human rights beyond national boundaries has become a global problem,the protection of human rights has not borders, human rights are above state sovereignty. The liberal theory that human rights above sovereignty is not strictly produced in the era of globalization, the theory that human rights above sovereignty has close tie to the building of human rights theory and the national sovereignty theory, it is the logic result of the human rights theory and national sovereignty theory .It is contained in the liberal human rights theory and theories of sovereignty. In the era of globalization context, the theory of globalization give off various prompting and has accelerated its push forward the world. Some liberal scholars are trying to make the traditional liberal theory that human rights above sovereignty is universal. So, why is this theory universal? What is the basis for the universality? What is the predicament of the theory? This article is focused on the issues.The main purpose of this study is twofold: On the one hand, this article attempts to stand in the context of the development of liberal national sovereignty and human rights theory to study. Hope that the liberal theory of human rights above sovereignty to be better understood.On the other hand,this is also the focus of this article, the article attempts to from the perspective of globalization to torture the legality of the theory. Liberal theory of human rights above sovereignty want to promote to the world,the two difficulties of the promotion are the plight of theoretical legitimacy and the feasibility of reality. If these two problems can not be resolved , liberal theory of human rights above sovereignty promote to the world is dangerous.This article is divided into four parts:The first part raise the question , in the end of the Cold War, under the background of the era of globalization, liberal theory that human rights above sovereignty began to seek a global universality,the performance has two main aspects: First, the system of Westphalia established the relationship between human rights and sovereignty is broken; Second, in international practice, liberalism advocated human rights diplomacy and humanitarian intervention, the objective is to seek the universality of this theory.The second part is the origin of the liberal theory of human rights above sovereignty. we assess whether the theory that human rights above sovereignty have universality, we must see about the meaning of liberal theory human rights above sovereignty,see about that why put human rights above sovereignty and how this theory is demonstrated . Since Bodin and others made sovereignty theory,this theory on the sovereignty and some liberal political ideals are contradictory.Before and after World War II, such a contradiction because of the war is intensified ,during this period, many liberal scholars have put forth the weakening theory of state sovereignty and the negative theory of state sovereignty, these thinkings are the important components of liberal theory of national sovereignty. There are three thoughts of deny the sovereignty, the first made during World War II, the second made during the Cold War, the third in a Post-Cold War and the background of globalization, the third thoughts is the strongest. At the same time this part of the article also introduced the liberal concept of universal human rights as well as the two theoretical basis of human rights. Many liberal scholars believe that are derived from the inherent dignity of the person, is the inherent human needs, is to satisfy the necessary demand. on the basis of the liberal concept of human rights and the liberal concept of national sovereignty, liberal scholars have put forth the theory of human rights above sovereignty.The third part of the article analyze the universal basis of the liberal theory that human rights above sovereignty. The provided theoretical basis of the theory is mainly in three areas, the first is the source of human rights and sovereignty,the second is Moral interdependence theory, the third are the theories of Kant and Rawls which are deeper basis of the theory.The fourth part of the article analyze the plight of the universality. The author believes that the basis which liberal scholars provided for the universality is not sufficient. First, natural rights theory and the social contract theory proved the theory that human rights above sovereignty is based on more than a priori assumptions,they can't provide a much more realistic and convincing theoretical basis. Second, Kant's theory of human rights and Rawls'theory that the law of peoples as the important basis for the universality of human rights above sovereignty. The two theory may also have important theoretical defects. Third,in the context of globalization the moral interdependence theory has discontinuous demonstration and other problems. Therefore, in the author's opinion the theoretical basis for universality of the theory that human rights above sovereignty is not make inevitable conclusion that the theory is universality. At the same time,in the author's opinion, the core of human rights which in the theory that human rights above sovereignty are the liberal political ethics, whether this human rights is universality can be questioned. This part of the article also analyze the realistic plight of the theory. No world government or global law society to ensure ,the theory that human rights over sovereignty easily bring the risk of hegemony.In the author'view the liberal theory that human rights above sovereignty wether achieve universality, a crucial tache whether human rights advocated by liberals is universal is need demonstrated. If the human rights advocated by liberals can not be described as they allege that protects the dignity and value of people in other cultural community , can not realize more good of the people of other cultures community, so the legitimacy of human rights above sovereignty is inadequate.