International Studies Journal (ISJ)

International Studies Journal (ISJ)

Power-Rights Duality in International Relations: The Challenge of Rights versus Duties

Document Type : Original Independent Original Article

Authors
Sobhan Mohammadi 1
Hassan Rahimi roushan 2
Hamidreza Hatami 3
1 PhD Student in International Relations, Department of International Relations, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2 Associate Prof. at Political Science Dep., Bu Ali Sina University, Hamedan, Iran.
3 M.A. of Political Thought Bu Ali Sina University, Hamedan, Iran.
10.22034/isj.2024.376702.1942
Abstract
The subject of rights has always entailed conceptual and interpretive complexities. On the one hand, historical debates about the concept of rights, and on the other hand, the ambiguity and necessity of modern international relations, have always made rights a controversial issue. In international relations, concepts are theoretically and discursively diverse, and research in this realm always begins by defining themes and contents. Essentially, when it comes to rights in international relations, there is a challenge between whether individuals or groups inherently have rights against power (government), or whether they gain rights by fulfilling specified duties set out by power (government). This very issue constitutes the hypothesis of this study. This article first attempts to explore the concepts of power and rights in international relations. Then, in line with the raised questions, it delves into texts in the realm of power and rights to examine propositions and determine the origin of this power-rights duality, and whether there is a complementary or dissociative relationship between these two concepts. Finally, by briefly examining Western human rights from the main theoretical schools of international relations, it demonstrates which side Western human rights discourse stands on and whether its nature is closer to pure defense of rights or imposition of duties.

Highlights

Introduction 

The issue of rights is a historical-philosophical topic which along with the emergence of the first philosophical propositions and political thought, attracted part of the peripheral debates. As politics followed its philosophical course, this concept also gained its share of intellectual history in parallel. However, many have stated the “originality of rights” as the most important issue in this regard. From a religious viewpoint, the right belongs merely to God, being perfect and complete. As stated in the Quran: "Allah is the Truth, and what they call upon other than Him is falsehood" (Haj:62). Based on this and other principles stemming from religious ontology, a purposeful and value-based anthropology takes shape that ultimately leads to a rights-duties legal order in Islam. Conversely, with the advent of Western thought into the modern era, especially the rise of secular and individualistic thinking, duty-centeredness loses ground to the sheer emphasis on human rights. In other words, when Western ontology based on particular rationalism regards man as solely "man as he is man", devoid of religious valuation, rights for man become absolute, irrespective of anything else! The same disagreement exists regarding the concept of power.  The sum of these debates, briefly mentioned above, motivated the authors of this article to further investigate the issue. This article examines the concepts of power and international rights in existing thoughts. It assumes that the issue of rights has two or more sides, having lawmakers and followers and the rights exist within the debate over mutual boundaries and duties, not in a vacuum. Moreover, that (legal) power requires adherence from its followers. As per the title of this research, i.e. "Power-Rights Duality in International Relations: The Challenge of Right versus Duty", the power and rights in international relations are rightful vis-à-vis each other.

Therefore, the main question arises as to whether rights are fundamentally a concept with a bilateral or multilateral nature. And just as previous research on the rights of subjects of sovereignty and the state (i.e. individuals) has proven the necessity for states to observe individual rights, does power hold equal rights that individuals are obliged to observe? In the subsidiary question, we will also ask where human rights with a Western approach stand among the main theoretical schools and currents in international relations. Is its nature closer to solely defending rights or imposing duties?

 

Research Methodology 

This is a qualitative study and in terms of methodology, it is an explanatory-descriptive research with an approach of examining propositions in published scientific texts relevant to the research topic. It involves collecting scientific data and reviewing literature, as well as reviewing published books and articles.

 

Findings

On the subject of rights in international relations, there is a debate about whether individuals or groups inherently have rights against power (government) or will gain rights in return for fulfilling specified duties imposed by power (government). Further study clarified that an important range of theorists have considered (legitimate) power necessary to define the duties and responsibilities intended by a values-based legal system. Others, especially secular theorists, have emphasized human worth solely based on humanity itself or "man as he is man", stripping rights of duties.

 

Conclusions

  1. International human rights arise from the will and enforcement of political-judicial institutions in the form of an aggregation of states (meaning an inclination towards having a right rather than being right).
  2. The foundations of modern (Western) human rights are solely humanistic. Religions play no role and some Western sources of human rights mention religions as a source of contention.
  3. Prevalent human rights have been promoted through enacted, contractual laws.
  4. The legal aspect of human rights is solely emphasized and the gap left by lack of duty-centeredness is evident.

Keywords
International relations
Power
Right
Rights
Duties

Subjects

  1. Alem, A. (2008). The history of Western political philosophy, from the beginning to the end of the Middle Ages. Tehran, Bureau of Political and International Studies. (In Persian)
  2. Azarpour, Mino. (2016). Political power from the perspective of the Holy Quran. Book Review Quarterly, 3(11), 7. (In Persian)
  3. Daneshpajooh, Mustafa and Abedini, Javad. (2019). Philosophy of Law. Tehran: Publications of Imam Khomeini Educational and Research Institute. (In Persian)
  4. Ghasemi, Hassan. (2021). Sovereignty and natural rights: a comparative reading based on Hobbes' interpretations of the holy books and Allameh Tabatabai's interpretations of the Holy Qur'an. Scientific-Research Quarterly of Transcendent Politics 9(32), 12. (In Persian)
  5. Gorjian Arabi, M. & Azariyan, R. (2020). Explanation and criticizing the concept of right in modern thought by relying on the views of supreme wisdom. Scientific Quarterly of Belief-Theological Research, 10(38), 4. (In Persian)
  6. Javidi, M. (2015). Natural right or positivist right; Redefining the concept of right in Islamic law. Research Journal of Islamic Law, 16(2), 18. (In Persian)
  7. Kabiri Sarmazde, J. (2016). The concept of right in the two paradigms of civil jurisprudence and western democracy. Razavi University of Islamic Sciences, (14), 5. (In Persian)
  8. Masoudi Laki, M. Ahadi, P. & Aghdam Sarai, M. (2022). Ontological explanation of power in the Holy Quran from the perspective of international relations theories. International Studies Quarterly, 19(2), 6. (In Persian)
  9. Mosafa, N. & Ebrahimi, N. (2008). The position of human rights in theories of international relations. Politics Quarterly, Journal of Faculty of Law and Political Science, 38(4), 4-8. (In Persian)
  10. Mousavi, S. (2015). A comparative study of rights and obligations from the perspective of Islam and international societies. Study Quarterly of Law Protection, 2(4), 9-12. (In Persian)
  11. Najaf zade, R. (2017). Power and the common cause: the primacy of power over right in Spinoza's political philosophy. Biannual scientific-research quarterly journals of theoretical policy research, (21), 5. (In Persian)
  12. Nikoei, M. (2011). A critical approach to international human rights in the light of John Rawls' theory of global justice. Journal of Judicial Law, (79), 8. (In Persian)
  13. Raei, M. (2016). The challenge of right and duty. The Naghd book, (36), 18. (In Persian)
  14. Talebi, M. & Talebi, A. (2014). Types of right in the knowledge of the philosophy of right. Scientific-Research Quarterly of Qom University, 16(1), 10 (In Persian)
  15. Tavajohi, A. & Samiei Zafarghandi, Z. (2020). The doctrine of having the right against being the right with an approach according to Imam Khomeini (pbuh). Matin Research Journal, 22(89), 21-22. (In Persian)
  16. Ali shah, Taimoor. (2022). The Concept of Law, Justice and Morality in Islamic and Western Jurisprudence. SSRN Product & Services. June 13. at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4130279
  17. Barnett, M. and Duvall, R. (2005). Power in International Politics. International Organization, 59, 7.
  18. Biasetti, P. (2014). Rights, Duties, and Moral Conflicts. Ethics & Politics, 17, 4.
  19. Birchall, David. (2021). Corporate Power over Human Rights: An Analytical Framework. Business and Human Rights Journal (6): 5.
  20. Yannick Slade. (2022). Rights and obligations in Cambridge social ontology. Journal for The Theory Of Social Behaviour 52(2): 1.
  21. Concept of Right and Duty. Jurisprudence (LAW 350) B.A.LL.B. (Hons.) 6th Semester, 8.
  22. Curran, E. (2002). Hobbes’s Theory of Rights – A Modern Interest Theory. The Journal of Ethics, 6(1), 4.
  23. Dafa Saputra, P. (2021). International Law and InternationaL Relations: Role and Relationship. Universitas Muhammadiyah Yogyakarta, 2.
  24. Donnell, D. (2015). Natural Lam’ And Right in Aquinas’ Political Though. Political Research Quarterly, 33(4), 13.
  25. Drezner, Daniel. (2020). Power and International Relations: a temporal view. European Journal of International Relations 27(1): 1.
  26. Dunne, T. and Hanson, M. (2008). Human rights in international relations. Politics and practice, 4.
  27. Richard. (2023). The Bill of Obligations: The Ten Habits of Good Citizens. Council on Foreign Relations. June 15. at: https://www.cfr.org/teaching-notes/bill-obligations-ten-habits-good-citizens
  28. Harrison, Kevin And Boyd, Tony. (2018). Rights, obligations and citizenship in Understanding political ideas and movements. England: Manchester University Press.
  29. Hopgood, S. (2015). The Endtimes of Human Rights. Ithaca, New York, Cornell University Press.
  30. Nickolas. (2018). Law and Power: Ten Lessons from Foucault. Bond Law Reviewi, 30(1), 4.
  31. Kaviani, R. (2017) The Concept of Power in International Relations. International Journal of Political Science, 7(2), 2.
  32. Khosravi, Alireza. (2021). The Impact of the Principles of Islamic Thought on the View of International Relations: From Dominant Paradigm Critique to Alternative Presentation Capacities. Journal of Contemporary Research on Islamic Revolution, 3(10), 14.
  33. Lisi, F. (2013). Plato and The Rule of Law. Méthexis XXVI, 1.
  34. Naixin. (2022). On the Relationship Between Rights and Obligations. Paradigm Academic Press, Law and Economy, 1(2), 1.
  35. Malcolm, S. (2017). Human Rights and Political Wrongs. London, Policy Exchange.
  36. Martin, R. (1971). The Concept of Power: A Critical Defence. The British Journal of Sociology, 22(3), 3.
  37. Petersen Lewis, K. & College, C. (2012). Four Types of Power in International Relations Coercive Power, Bargaining Power, Concerted Power, and Institutionalized Power. Paper for IPSA, XXIInd World Congress of Political Science, Madrid July 2012, 4.
  38. Raimzhanova, A. (2015). Power in Ir: Hard, Soft, And Smart. Institute for Cultural Diplomacy and the University of Bucharest, 3-4.
  39. Richa, G. (2019). Concept of Rights and Duties Under Jurisprudence. Ipleaders. Mars 11. at: https://blog.ipleaders.in/concept-of-rights-and-duties-under-jurisprudence/
  40. Rocha Brito, B. (2010). Hard, Soft or Smart Power: Conceptual Discussion or Strategic Definition. Net, e-journal of International Relations, 1(1), 1-3.
  41. Mehdi. (2018). A Theory of Political Power and Rights: A Secret Exchange for Legitimacy. Department of Philosophy and Humanities, Freie Universität Berlin. (A Dissertation): 23.
  42. Statkiewicz, M. Introduction to Public International Law. Department of International and European Law, 3-4.
  43. Whytock, C. (2016). From International Law and International Relations to Law and World Politics. University of California, Irvine School of Law and Department of Political Science, 4.