Title: National Rights, Human Rights, and the Rule of Law
Abstract: Sovereignty is closely bound to the rule of law. Domestically, it is a logical prerequisite for the supremacy of law.1 Internationally, it is the legal category for the establishment of a state system. [I]f sovereign authorities are to conclude agreements, they must recognize each other as sovereign, since no authority higher than the state exists, without recognition there would be no possibility of securing a legal settlement of the inter-state problem at all. Secondly, it follows from the nature of the settlement between authorities whose claim to a monopoly of jurisdiction within the state is recognized by their peers, that any agreement between them will either have to be self-policing, or it will have to rely on policing by separate parties themselves. The former would require the settlement to be so securely based on reciprocal self-interest of the parties that there would be no incentive to break it; the latter that the failure to enforce the agreement would risk reprisals if not its total breakdown.2 KeywordsCultural RevolutionLegal NormLegal PersonLegal ReformChinese StateThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.
Publication Year: 2007
Publication Date: 2007-01-01
Language: en
Type: book-chapter
Indexed In: ['crossref']
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