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Association: Name: The Law and Society Association URL: http://www.lawandsociety.org
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Dordelly-Rosales, Nelson. "State Sovereignty and the Protection of Human Rights--An International Law Perspective: The Inter-American System and the Case of Venezuela" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada, May 27, 2008 <Not Available>. 2009-05-23 <http://www.allacademic.com/meta/p235808_index.html>

Dordelly-Rosales, N. R. , 2008-05-27 "State Sovereignty and the Protection of Human Rights--An International Law Perspective: The Inter-American System and the Case of Venezuela" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada <Not Available>. 2009-05-23 from http://www.allacademic.com/meta/p235808_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: The globalization of protection of human rights addresses questions about sovereignty and international justice. A number of scholars predicate their theories of global justice on defending sovereignty, in place of defending international law. For instance, Thomas Nagel states that international law is only a series of agreements between sovereign states entered into for their mutual benefit. As a result of the notion of sovereignty, the value and authority of international law is dependent upon the voluntary participation of states in its formulation, observance, and enforcement. International legal rules constitute a “false promise of international institutions;” they do not constitute a system of global justice. International lawyers have failed to fully respond to confront the different perspectives of the South-North regarding the conceptual foundations of their discipline. In response to these problems, which I consider pessimistic views, I wonder is the glass half empty or half full? As Mathias Risse stated, “the global order is not fundamentally unjust; instead, it is incompletely just.” In this paper, I will suggest that although global law of human rights is not “perfect” or is not completely just yet; however, the great advances it has brought are undeniable. International law has developed great advances in the last few years. A good example is the Inter-American System that rectifies unjust situations using effective strategies to protect democracy and human rights in Venezuela. I will offer an optimistic view of international law’s progress. I will defend international “rights-based” law perspective, in place of defending sovereignty. My focus will be on the Inter-American System and the case of Venezuela. Why is the international human rights law preferable over the sovereignty doctrine? On behalf of human rights’ protection, international norms are universal, equally accessible to all, and exist independently of legal enactment as justified moral norms that can be applied to the relationships between states. Sovereignty properly defined, “is not a defence for breaches of gross violations of fundamental human rights; it has never been such, and today it is less a defence than ever.” This paper will be organized into three parts: Firstly, I will discuss a selection of leading theories on global justice and sovereignty (philosophical conflicting conceptions). From these angles, the international “rights-based” law perspective emerges as an alternative for stability, peace, and human rights’ protection. Secondly, I will demonstrate with specific facts, in the case of Venezuela that the Inter-American System, as a good example of international law, has served the purpose of protecting human rights using diverse strategies in Venezuela (South America-The Caribbean). Finally, I will outline a renewed vision for how the Inter-American System should work. While management strategies are provided for promoting a constructive just order and democratic consolidation in Venezuela, I will conclude that the international “rights-based” law should be encouraged over any other State’s interests.

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