Intervention for Human Rights in Europe
Values, in terms of human rights and democracy, have become important factors for individual state's participation in the international community. Janne Haaland Matláry, former Secretary of State in the Department of Foreign Affairs, Norway, explores the
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Also by Janne Haaland Matláry EMU: A Swedish Perspective (co-author with L. Calmfors et al.) ENERGY POLICY IN THE EUROPEAN UNION
Intervention for Human Rights in Europe Janne Haaland Matláry Head, International Politics Section Department of Political Science University of Oslo Norway
© Janne Haaland Matláry 2002 Softcover reprint of the hardcover 1st edition 2002 978-0-333-79424-1 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP. Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted her right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2002 by PALGRAVE Houndmills, Basingstoke, Hampshire RG21 6XS and 175 Fifth Avenue, New York, N.Y. 10010 Companies and representatives throughout the world PALGRAVE is the new global academic imprint of St. Martin’s Press LLC Scholarly and Reference Division and Palgrave Publishers Ltd (formerly Macmillan Press Ltd). ISBN 978-1-349-42014-8 DOI 10.1057/9780230504165
ISBN 978-0-230-50416-5 (eBook)
This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. A catalogue record for this book is available from the British Library. A catalogue record for this book is available from the Library of Congress 10 9 8 7 6 5 4 3 2 1 11 10 09 08 07 06 05 04 03 02
To the victims and survivors of the Balkan tragedy – that human rights be theirs
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Contents Preface
xi
List of Abbreviations
xvii
Part I State Sovereignty and Human Rights in Europe 1
Towards a New Type of Sovereignty in Europe The new interventionism Foreign policy decoupled from territory Sovereignty: the key principle An essential and persistent tension Power Values Human rights and security policy ‘Soft power, hard values’ – the argument
2
Human Rights and Democracy: Driving Forces and Policy Tools The importance of norms, rules and regimes The importance of legitimacy New actors: the norm entrepreneurs New arenas: multilateral diplomacy and international organisations New transparencies: globalised media and internet New supranationality; courts and juridification of human rights Policy tools of human rights and democracy Conclusion: how strong are the driving forces?
3
The Formation of the European Human Rights Regime The precursors Human rights in international politics The European human rights regime: the ECHR and later instruments
vii
1 3 7 10 11 15 19 23 25 28 33 34 40 43 48 50 53 56 58 60 61 62 64
viii Contents
The European human rights reg
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