Menschenrechte und humanitäre Intervention (German Edition)

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The globally discussed manifesto by renowned authors clarifies: This can only succeed within a social order that invokes a joint humanity, principles of joint socialization, the principle of individuality, and acceptance of creative opposition. Export citation Choose an application Reference Manager EndNote RefWorks Direct export to RefWorks Abstract The cultural philosophical analysis of the secularization of the exodus contrasts despotic and emancipatory aspects of psychoanalytic, literary and political adaptations of the biblical myth.

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Their focus is on shared stories that show the versatility of urban community life. By doing so, they make migration the starting point of other analyses of society. Postmigrant visions serve as categories of the analysis of social situations of mobility and diversity, make ambiguities and marginalized memories that articulate social conditions visible. Contrasting ideas are put in the focus without overlooking conditions of dominance and structural barriers. CC by-nc-nd 8.

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CC by 1. CC by-nc 1. CC by-nd 1. JavaScript is disabled. The site is not able to function properly without the browser having JavaScript enabled. English French. Search Browse. Advanced search. The constitutional architecture of the integrated Europe will continue to be a mixture of principles of constitutional law and principles of public international law , as well as a mixture of federalisation and confederation, [75] a dynamic process in which the emphasis is sometimes placed on the federal , and sometimes on the confederal elements.


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This so-called open finality could be a weakness; on the other hand, it could prove to be a strength, a force ensuring that the sovereign nation-states are not simply be replaced by another — bigger — sovereign entity [76] but rather embedded in a structure of intertwined sovereignties. This is an entaglement that can best be likened to the multi-layered governance structures of the 21 st century, which exist at both regional and global level. Within this structured entanglement, sovereignty emerges not as an absolute but as a relative category.

Oriented by the common good, it functions as a guiding principle for the distribution of shared competences and responsibilities. In accordance with the principle of subisdiarity, [77] the entity that is best equipped to decide shall be vested with all necessary powers and shall assume all responsibilities resulting thereof.

Thus, sovereignty also corresponds to governance structures. Whoever governs needs to exercise legitimate power. Governance is not justified in itself but needs to be linked to legitimate sources of sovereign authority. The legitimacy question also leads to a human rights-based understanding of sovereignty as described above. Sovereignty is not a means in itself but is to be understood as instrumental in the service of thefreedom, equality, subsistence and security of the individual.

Sovereignty exists — and here we introduce an obvious allusion to F.

Sovereignty is not a static concept. It demands a procedural understanding that takes into account the dramatic changes the international community faces in times of globalisation, internationalisation, and European integration. Sovereignty is, and has always been, based upon freedom , secured externally by the notion of sovereign equality, non-intervention and first and foremost by Art. Chalmers, C. Hadjiemmanuil, G. Monti, A. Walker ed. Nicolaidis, R. See, for example, J. See important references to A. Franz ed. For an analysis from the classical point of view, U. Entstehung und Entwicklung des Begriffs in Frankreich und Deutschland vom Verdross, B.

Bauer, P. Huber, K. When Vattel was writing in the mid-eighteenth century, personal freedom hardly existed outside Switzerland and the Netherlands. At that time, it made sense for enlightened and well-meaning authors to establish an absolute principle of non-intervention in the internal affairs of sovereign states.

Similarly, even after the French and American revolutions, preponderant power remained in the hands of European despots. Relatively progressive states, such as Britain, promoted non-intervention in defense of nascent continental liberty, as in Naples and Spain, against reactionary European monarchs.

The United States also embraced non-intervention to protect itself and other recently liberated American republics against the reimposition of European autocracy in the New World. But the emergence of the United States as a world power altered this equation, and many republics now have the strength to protect foreign liberty, without endangering their own democratic institutions or national independence.

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Bleckmann, B. Simma ed.

A Commentary , vol. I, Oxford, Oxford University press, ; S. Krasner, Sovereignty. Eley, R. Praeger, , p. Kelsey trans. Davis Journal of International Law and Policy , , p. Steinberger , Berlin, Springer Verlag, , p. II, Berlin, De Gruyter, , p. Schmitt, Politische Theologie.

Humanitäre Interventionen rechtfertigen

Sellers ed. Rauschning , Cologne, Carl Heymanns Verlag, , p. Craig, G. Sandalow, E.

Andrej Hunko, DIE LINKE: 60 Jahre Europäische Menschenrechtskonvention

II, Oxford, Clarendon Press, Cowan, M. Dembour, R. Poeschke, Politische Steuerung durch Sanktionen? Yusuf u. Tietje, S.

Veronique Zanetti

Jennings, A. Walter et al. See also M. As husbands govern wives, and masters rule slaves, so kings may own nations, to avoid the turbulence of uncertain jurisdiction. These proto-Hobbesian arguments and assumptions would not be made openly today. But they survive in the modern doctrine of non-intervention in the domestic jurisdiction of sovereign governments, as interpreted by some contemporary commentators on international law.

Hamburg, Rowohlt Taschenbuch Verlag, , p.