Sovereignty: The Battle for the Hearts and Minds of Men

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Traditionally, the concept of sovereignty has always operated in two distinct manners: sovereignty can be exercised in relation to one’s internal affairs, on the one hand, but also to one’s external affairs, on the other. The delegation of sovereign competences to IOs is compatible with the sovereignty of Member States and does not turn IOs into sovereign States (see Reparation for Injuries Suffered in the Service of the United Nations [Advisory Opinion]). Importantly for the parochialism debate in international law, the history of the concept of sovereignty is mostly European or Western, and related to European and Western developments, even in the second part of the 20 th century. The only exception one may mention is the internal sovereignty of protectorates that is not (yet) matched by external sovereignty ( Protectorates and Protected States).

Sovereignty - De Gruyter Sovereignty - De Gruyter

Westphalian sovereignty can be seen as a rupture in two respects: secular authority over a given territory was regarded as ultimate and independent from religious power; and no more external intervention in the realm of sovereign jurisdiction was authorized whether religious or secular ( Westphalian System). Chapter 6: Indigenous Self-Determination and Data Governance in the Canadian Policy Context, Robyn K.Sovereignty qua authority or independence can only be understood by reference to the values that make for a good State, or more generally a good political entity. Tombs gets over it (as he gets over other problems for the idea of exclusive sovereignty, like the climate crisis) by refusing to recognise it. Modern sovereignty was in fact largely established well before 1648, on the one hand, and sovereignty was still questioned later on and until the end of the Austro-Hungarian Empire, on the other.

Globalization and Sovereignty - Cambridge University Press

Well before international sovereignty was deemed to be law-based and hence inherently limited through law, it was regarded as a source of law. Another argument against this all-or-nothing approach to the concept of sovereignty resides in the increasing number of cases of States where there is a foreign military or civil presence that is reminiscent of mandates or protectorates but where sovereignty has been re-transferred to the State. Generally, the problem is the absence of consensus and the constant change in the paradigmatic constitutive elements of sovereignty. Secondly, and this is as much a cause as a consequence, international law was conceived exclusively as a network of conventions and mutual promises whose source was State consent. The idea of parliamentary sovereignty that Dicey placed at the centre of the British constitution is one that is enveloped within rather than set apart from the domain of law.Throughout history, rulers have been motivated by a desire to stay in power, not by some abstract adherence to international principles. In this context, the principle of subsidiarity becomes a principle of effective democratic sovereignty and a way to allocate decision-making power in a multi-level polity. In international law, internal sovereignty is used to mean the supreme authority within a territory or the ultimate power within that territory ( Customs Regime between Germany and Austria [Advisory Opinion] [Individual Opinion of Judge Anzilotti] 57). Rousseau’s account of sovereignty does that by conceptualizing popular sovereignty and explaining how the exercise of the sovereignty of political institutions is submitted to the respect of the general will.

Sovereignty Oxford Public International Law: Sovereignty

The issue whether sovereignty can be divided is as controversial as that of whether it can be limited. The author looks at various issues areas to make his argument: minority rights, human rights, sovereign lending, and state creation in the nineteenth and twentieth centuries. This book is one that must be read by those who have the slightest interest in the history of international relations.These three key notions were gradually developed by the next generations of political theorists and in particular social contract theorists. In Richard Falk’s own terms, the history of the concept of sovereignty is one of ‘conceptual migration’ (Falk 789): different periods in history have generated different difficulties which in turn have influenced the legal answers sought to political problems and conditioned the function granted to sovereignty at any given time and space.