World Borders, Political Borders

PMLA ◽  
2002 ◽  
Vol 117 (1) ◽  
pp. 68-78 ◽  
Author(s):  
Etienne Balibar
Keyword(s):  
Human Rights ◽  
Border Control ◽  
Limit Case ◽  
Police Power ◽  
Political Realism ◽  
International Human Rights ◽  
Political Theorist ◽  
Control Subjects ◽  
Political Borders ◽  
International Human

The work of the distinguished French political theorist and philosopher Etienne Balibar has emerged as profoundly significant in shaping post-1968 debates around class, race, national sovereignty, citizenship, and international human rights. The following essay is particularly relevant to this issue of PMLA insofar as the essay signals the importance of the border as a limit case for globalization and reflects on what the philosophical bases of citizenship would be in a postnational order of Europe.Borders, Balibar suggests, are products of the state's attributing to itself a right to property, which becomes, in turn, a limit case of institutions (their means of self-stabilization) that allows them to control subjects rather than be subject to their control. The police power of border control is the state's most undemocratic condition, its discretionary exemption from democracy. To democratize the border, he maintains, one must democratize this nondemocratic aspect of democratic sovereignty, a task that would be juridically difficult but that would be an act of political realism none the less, since borders inevitably shift whether nations want them to or not, redefined by socially trans bordered, culturally transnational, and economically global spaces.

Universal declaration of human rights as a source of universal international legal standards of human rights

2020 ◽  
pp. 36-42
Author(s):  
Uliana Kuzenko
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Universal Declaration ◽  
Human Being ◽  
Legal Basis ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Standards ◽  
International Human

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

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