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National Rights, Human Rights, and the Rule of Law

  • Jeremy T. Paltiel

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

Keywords

Cultural Revolution Legal Norm Legal Person Legal Reform Chinese State 
These 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.

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Notes

  1. 2.
    James Mayall, Nationalism and Internationsl Society (Cambridge: Cambridge University Press, 1990), 15.CrossRefGoogle Scholar
  2. 10.
    Jon Elster, The Cement of Society (Cambridge: Cambridge University Press, 1989), 101–2.CrossRefGoogle Scholar
  3. 11.
    Gerrit Gong, The Standard of Civilization in International Society (Oxford: Oxford University Press, 1984), 14–15.Google Scholar
  4. 15.
    H. L. A. Hart, The Concept of Law (New York: Oxford University Press, 1961).Google Scholar
  5. 25.
    Terry Nardin, Law, Morality and The Relations Of States (Princeton: Princeton University Press, 1983), 5.Google Scholar
  6. 31.
    Hans Kelsen, Law and Peace in International Relations (Cambridge, MA: Harvard University Press, 1942), 5.Google Scholar
  7. 53.
    Roberto Unger, Law in Modern Society (New York: The Free Press, 1976).Google Scholar
  8. 58.
    See Jeremy Paltiel, “China: Mexicanization or Market Reform?” in James Caporaso, ed., The Elusive State (Newberry Park, CA: Sage, 1989), 255–78.Google Scholar
  9. 82.
    Pitman B. Potter, “The Chinese Legal System: Continuing Commitment to the Primacy of State Power,” in Richard Louis Edmonds, ed., The People’s Republic of China After 50 Years (Oxford: Oxford University Press, 1999), 121.Google Scholar
  10. 104.
    Jiang Jingsong, The National People’s Congress of China (Beijing: Foreign Languages Press, 2002), 73.Google Scholar
  11. 115.
    Shi Tianjian, “Cultural Values and Democracy in the People’s Republic of China,” in Larry Diamond and Ramon Myers, eds., Elections and Democracy in Greater China (Oxford: Oxford University Press, 2000), 176–96.Google Scholar

Copyright information

© Jeremy T. Paltiel 2007

Authors and Affiliations

  • Jeremy T. Paltiel

There are no affiliations available

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