Responsibility to Protect: A Solution or Just Another Problem?

Kylie Franklin

University of Iowa - College of Law

May 10, 2013

The doctrine of human rights has long been accepted and considered customary law. However, the law of a sovereign state accompanied by the principle of nonintervention, based on Westphalian principles, is also entrenched in international relations, specifically in keeping peace among countries since World War II. Thus, the intersection of these two principles — human rights and the sovereign state — has been the cause of much heated debate in the U.N., and has caused and continues to leave a gap in international law and norms. This paper seeks to point out the initial gap and problem in reconciling the two — human rights and the sovereign state, followed by a discussion of a current solution to the problem being set forth and developed by the U.N., the Responsibility to Protect. The paper will conclude with a discussion of the problems still innate in the Responsibility to Protect. This paper will not attempt to create a solution to the reconciliation problem of human rights and the sovereign state or a solution to the problems with the Responsibility to Protect.

Number of Pages in PDF File: 26

Keywords: Human Rights, customary law, sovereignty, noninternvention, international relations, gap, international law, Responsibility to Protect

Open PDF in Browser Download This Paper

Date posted: August 11, 2013 ; Last revised: September 10, 2013

Suggested Citation

Franklin, Kylie, Responsibility to Protect: A Solution or Just Another Problem? (May 10, 2013). Available at SSRN: http://ssrn.com/abstract=2308376 or http://dx.doi.org/10.2139/ssrn.2308376

Contact Information

Kylie Franklin (Contact Author)
University of Iowa - College of Law ( email )
Melrose and Byington
Iowa City, IA 52242
United States
Feedback to SSRN

Paper statistics
Abstract Views: 737
Downloads: 203
Download Rank: 112,390

© 2016 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollobot1 in 0.188 seconds