Redefining Sovereignty: The Impact of International Law on Human Rights and Global Governance

Authors
  • Muhammad Shan

    Author
Keywords:
Sovereignty, International Law, Human Rights, Global Governance, ICC, UNHRC, Digital Sovereignty, Regional Mechanisms, Customary International Law, Climate Justice.
Abstract

This paper investigates the dynamic interplay between international law, state sovereignty, and the safeguarding of human rights in the 21st century. Traditionally, sovereignty formally entrenched through the 1648 Treaty of Westphalia conferred on states the exclusive authority to govern without external intrusion. Yet, the post-World War II emergence of legal frameworks such as the United Nations Charter and the Universal Declaration of Human Rights reconfigured this paradigm, introducing binding obligations that limit absolute state autonomy. This study traces the historical transformation of sovereignty, analyzing how human rights instruments like the ICCPR, ICESCR, and ECHR, as well as institutions such as the ICC, ICJ, and UNHRC, establish supranational oversight. It evaluates regional practices in Africa, Europe, and Asia to demonstrate diverse approaches to reconciling sovereignty with universal norms. Particular attention is given to contemporary challenges including populist resistance, digital sovereignty debates, and climate-related human rights claims that test the adaptability of existing legal structures. The research highlights ongoing tensions between enforcement mechanisms and state compliance, especially in developing nations, while underscoring the risks of selective application of human rights standards. Ultimately, the article argues that sovereignty in the modern era is no longer absolute but increasingly conditioned by global legal norms, requiring deeper institutional cooperation and shared commitment to universal human dignity.

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Published
2025-03-31
Section
Articles