International law is better at protecting the rights and interests of States, than the rights and interest of individual human beings.’ Discuss.
THESIS;
International law was created by, between, and for states (). In order to ensure that states sovereignty would not lead to tensions with the promotion of human rights. However, the goal of human rights is to protect individuals from abusive action by states and state agents; which is very much centered towards redefining state sovereignty. Frederic Megret, analyzed the problem as one of tensions between substance and form, where ideally in any given legal system the two should be aligned. However the two have converged formally, at least to the extent that human rights obligations are typically given their binding character internationally by being recognized in international sources, such as treaties. Notwithstanding, States are the ones ratify international human rights treaties are not primarily committing to respect human rights with regards to other states, but in relation to individuals within their jurisdiction. Therefor international law is better at protecting the rights and interest of the state, then the individual.
