Study On The Relationship Between The Human Rights And State Sovereignty During The Internationalization Process

Human rights and state sovereignty are not only the basic questions of modern international law, but also a major issue in the contemporary international political theory and practice. In analyzing the process of internationalization of human rights, the main problem is how to coordinate the relationship between human rights and state sovereignty. To solve this problem, this paper does not view confrontation between them, but on the view of international law, international politics and the evolution of the world economy, using the internal logic and the interactive relevance between them to start the main line discussed. The text in-depth studies the relationship between human rights and state sovereignty. For the construction of China's human rights theory, human rights protection and participation in the process of internationalization of human rights better, it has important theoretical and practical significance.There are five chapters in this paper.Chapter One: the text sums up the basic theories of human rights and state sovereignty. First of all, this part sorts out Western scholars` concept of human rights and analyses multiple attributes of human rights: the moral, legal, political, economic, social attributes and so on. Secondly, the text elaborates the basic concepts of state sovereignty, analyzes its development and value ideas. Finally, in regard to the origin of the process, the basic attributes and values inherent, the text generalizes the correlation between human rights and sovereignty. Chapter Two: the process of internationalization of human rights has an impact on the principle of state sovereignty. Firstly, the basic concept of international human rights is a state, but a historical process as well. Then, the chapter describes the development of international human rights process, largely through four stages: early infancy, the limited development before the 20th century, the promotion of the process in the Second World War and the vigorous development after the war. With the deepening of the process of internationalization of human rights, beyond the country`s practice of the protection of human rights is increasing.It contains activities that promote the development of the objective requirements of human rights and behaviors that come from some major powers. These countries, in use of their strong economic and political position in the global strategy through the issue of human rights conscious erosion the sovereignty of other countries,bring the impact and challenges on traditional state sovereignty.Chapter Three: the part analyses the principle of national sovereignty in the process of internationalization of human rights. On view of the development of international human rights law, the internationalization of human rights is a standardization process. And from the perspective of international law, international human rights law bases on state sovereignty. The principle of state sovereignty is still the basic criteria that can not go beyond in the process of internationalization of human rights.Chapter Four: the part studies on the paradox between international human rights and state sovereignty. With the globalization of the contemporary world, the relationship between human rights and state sovereignty has been affected, which reflects complexity in theory and practice.The article deals with three aspects: the new interventionism distorts the process of internationalization, the state terrorism challenges human rights and state sovereignty, and economic globalization encourages and erosions on the right to development.Chapter five: the text expounds the issue of historical process of China`s participation in human rights internationalization. Starts with the modern concept of human rights in China, this part discusses China`s participation in the process of human rights internationalization, summarizes China`s basic policy stance, and points out the strategic thinking of China`s participation in human rights internationalization and sovereignty protection.To correctly understand and properly handle the relationship between international protection of human rights and national sovereignty will largely affect the process of internationalization of human rights. We have to get a clear understanding of human rights and national sovereignty of the relevant interaction. On the one hand, we oppose Western scholars`opinion: human rights overriding sovereignty. Human rights and national sovereignty are not in isolation and opposing views. On the other hand, in the field of human rights protection, it is necessary to adhere to basic principles of international law, respect for national sovereignty. Under this premise, we can engage in extensive dialogue on human rights and strengthen international cooperation in the protection of human rights, in order to achieve the "UN Charter" and the Convention on Human Rights the provisions of protection of human rights objectives, to achieve real global protection of human rights. Only in the existing legal framework of international human rights and rely on the full dialogue, exchanges and cooperation, and human rights in the international community may be more respected and protected.