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The Paradox Of Sovereignty And Universal Human Rights: From Absolute Authority To Responsible Stewardship

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Aditi Gupta, D.E.S. Shri Navalmal Firodia Law College, Pune

Yash Pandit, Symbiosis Law School, Nagpur


ABSTRACT


This article examines the relationship between state sovereignty and universal human rights in international law. It argues that the two are better understood as mutually constitutive and continuously renegotiated than as opposing principles. Tracing sovereignty from the settlements of 1648 through decolonization and the Cold War, and testing four theoretical accounts (realism, liberal institutionalism, constructivism and organized hypocrisy) against recent practice in Myanmar, China and the war in Ukraine, the article shows that claims to sovereign immunity from scrutiny have become progressively harder to sustain in law, though they remain politically potent. It then considers the doctrinal channels through which this change has occurred: treaty consent, obligations erga omnes, individual criminal responsibility and the Responsibility to Protect. Postcolonial and cultural relativist critiques are addressed, as is the claim that sovereignty is obsolete, together with the pressures that climate displacement and transnational artificial intelligence place on territorial authority. The article closes by proposing a model of “stewardship sovereignty,” which is consent- based, legitimacy-driven, relational and accountability-oriented, and by examining the objections to which that model is exposed, including the charge that stewardship language revives colonial trusteeship.


Keywords: Human Rights; Sovereignty; Stewardship Sovereignty; Responsibility to Protect; Erga Omnes; International Law.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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