The principles of state sovereignty and non-interference rest at the very heart of International law and springs from the 1648 Westphalian treaty.Westphalian sovereignty is the principle of international law that each nation state has sovereignty over its territory and domestic affairs to the exclusion of all external powers. This is founded on the principle of non-interference in another country‟s domestic affairs and that each state irrespective of its size is equal in International law. This study shall rely principally on the doctrinal research methodology by systematic and thematic analysis of existing data on sovereignty and non-interference. The interpretation of sovereignty as narrowly as the non-intervention principle has placed sovereignty against the possibility of intervening for the protection of Human rights. The Rwanda genocide, mass atrocity crimes and crimes against humanity that characterized the state of Rwanda and Srebrenica amongst others raised the need for action by the International community to protect not only states, but also people. This thesis attempts therefore, to find a bridge between these two seemingly opposing interests -protecting the state for a strong international order and protecting the people to save lives. Responsibility to protect is based on the notion of a primary responsibility with each and every state to protect its population, and a secondary responsibility with the international community to assist a state, which is unwilling or unable to protect its people. This thesis concludes that responsibility to protect is part of sovereignty, as a duty of a state, corresponding to the right of non-intervention. If the reign fails to protect its people, or is itself abusing its people, the right of non-intervention becomes void.
Table of Contents
- CHAPTER ONE
- GENERAL INTRODUCTION
- BACKGROUND TO THE STUDY
- STATEMENT OF THE RESEARCH PROBLEM
- RESEARCH QUESTIONS
- OBJECTIVES OF THE STUDY
- General objective
- Specific objectives
- RESEARCH METHODOLOGY
- THEORITICAL FRAMEWORK
- LITERATURE REVIEW
- JUSTIFICATION OF THE STUDY
Objectives and Key Themes
This thesis aims to reconcile the seemingly conflicting principles of state sovereignty and non-interference with the responsibility to protect populations from mass atrocities. It explores the historical context of Westphalian sovereignty and examines how the limitations of a strict non-intervention approach have been challenged by events like the Rwandan genocide. The research utilizes a doctrinal methodology to analyze existing data on sovereignty and non-interference.
- The evolution and interpretation of state sovereignty in international law.
- The principle of non-interference and its limitations in the face of human rights violations.
- The "Responsibility to Protect" (R2P) doctrine and its implications for state sovereignty.
- The balancing act between protecting states and protecting populations.
- The role of the international community in addressing mass atrocities.
Chapter Summaries
CHAPTER ONE: GENERAL INTRODUCTION: This introductory chapter sets the stage for the thesis. It provides the background to the study, outlining the historical context of state sovereignty and non-interference in international law, stemming from the 1648 Westphalian treaty. The chapter clearly defines the research problem, which centers on the tension between the principle of non-intervention and the need to protect populations from mass atrocities. Specific research questions are formulated, and the objectives of the study are outlined, focusing on bridging the gap between protecting state sovereignty and protecting human lives. The research methodology, theoretical framework, and a literature review are also presented, laying the groundwork for the subsequent chapters' analysis. The chapter concludes by justifying the importance of this research in addressing contemporary challenges to international law and order.
Keywords
Sovereignty, Non-interference, Responsibility to Protect, Westphalian sovereignty, Human Rights, International Law, State Sovereignty, Non-Intervention, Rwanda Genocide, Mass Atrocity Crimes, International Community.
Frequently Asked Questions: Comprehensive Language Preview
What is the overall topic of this document?
This document provides a comprehensive preview of a thesis exploring the complex relationship between state sovereignty, non-interference, and the responsibility to protect populations from mass atrocities. It examines the historical context of Westphalian sovereignty and analyzes the limitations of strict non-intervention in the face of human rights violations.
What are the key themes explored in the thesis?
The key themes include the evolution and interpretation of state sovereignty in international law; the principle of non-interference and its limitations; the "Responsibility to Protect" (R2P) doctrine and its implications for state sovereignty; the balance between protecting states and populations; and the role of the international community in addressing mass atrocities.
What is included in the Table of Contents?
The table of contents outlines the structure of the thesis, including a general introduction, background to the study, statement of the research problem, research questions, objectives (general and specific), research methodology, theoretical framework, literature review, and justification of the study.
What is the research methodology employed in this thesis?
The thesis utilizes a doctrinal methodology, which involves analyzing existing data and legal texts on sovereignty and non-interference to understand the relevant principles and their applications.
What are the main objectives of the study?
The study aims to reconcile the seemingly conflicting principles of state sovereignty and non-interference with the responsibility to protect populations from mass atrocities. It seeks to understand the limitations of a strict non-intervention approach and the implications of R2P for state sovereignty.
What historical context is relevant to this thesis?
The thesis explores the historical context of Westphalian sovereignty (dating back to the 1648 treaty), which forms the basis for many modern understandings of state sovereignty and non-intervention. It also examines events like the Rwandan genocide as examples of the challenges to this traditional approach.
What are the key chapters and their summaries?
The provided preview focuses on Chapter One: General Introduction. This chapter sets the stage by providing background information, defining the research problem, outlining research questions and objectives, presenting the methodology and theoretical framework, conducting a literature review, and justifying the importance of the research.
What are the keywords associated with this thesis?
Keywords include: Sovereignty, Non-interference, Responsibility to Protect (R2P), Westphalian sovereignty, Human Rights, International Law, State Sovereignty, Non-Intervention, Rwanda Genocide, Mass Atrocity Crimes, and International Community.
- Quote paper
- Benjamin Mekinde Tonga (Author), 2018, State Sovereignty and Non-Interference in International Law, Munich, GRIN Verlag, https://www.grin.com/document/988362
