• [10] According to Stephen D. Krasner, the term could also be understood in four different ways: • Domestic sovereignty – actual control over a state exercised by an authority
    organized within this state • Interdependence sovereignty – actual control of movement across the state’s borders • International legal sovereignty – formal recognition by other sovereign states • Westphalian sovereignty – there is no other
    authority in the state aside from the domestic sovereign (such other authorities might be e.g.

  • At the opposite end of the scale, there is no dispute regarding the self-governance of certain self-proclaimed states such as the Republic of Kosovo or Somaliland (see List
    of states with limited recognition, but most of them are puppet states) since their governments neither answer to a bigger state nor is their governance subjected to supervision.

  • Based on these and similar human rights agreements, beginning in 1990 there was a practical expression of this circumscription when the Westphalian principle of non-intervention
    was no longer observed for cases where the United Nations or another international organization endorsed a political or military action.

  • [24][25] Rousseau, in the Social Contract[26] argued, “the growth of the State giving the trustees of public authority more and means to abuse their power, the more the Government
    has to have force to contain the people, the more force the Sovereign should have in turn to contain the Government,” with the understanding that the Sovereign is “a collective being of wonder” (Book II, Chapter I) resulting from “the general
    will” of the people, and that “what any man, whoever he may be, orders on his own, is not a law” (Book II, Chapter VI) – and predicated on the assumption that the people have an unbiased means by which to ascertain the general will.

  • While the operations and affairs within a state are relative to the level of sovereignty within that state, there is still an argument over who should hold the authority in
    a sovereign state.

  • An internal sovereign is a political body that possesses ultimate, final and independent authority; one whose decisions are binding upon all citizens, groups and institutions
    in society.

  • Along these lines, the German sociologist Max Weber proposed that sovereignty is a community’s monopoly on the legitimate use of force; and thus any group claiming the right
    to violence must either be brought under the yoke of the sovereign, proven illegitimate or otherwise contested and defeated for sovereignty to be genuine.

  • (The Arantzazu Mendi, [1939] A.C. 256), Stroud’s Judicial Dictionary External sovereignty is connected with questions of international law – such as when, if ever, is intervention
    by one country into another’s territory permissible?

  • In particular, the “Social contract” as a mechanism for establishing sovereignty was suggested and, by 1800, widely accepted, especially in the new United States and France,
    though also in Great Britain to a lesser extent.

  • Some theorists, such as Jacques Maritain and Bertrand de Jouvenel have attacked the legitimacy of the earlier concepts of sovereignty, with Maritain advocating that the concept
    be discarded entirely since it:[32] • stands in the way of international law and a world state, • internally results in centralism, not pluralism • obstructs the democratic notion of accountability Efforts to curtail absolute sovereignty have
    met with substantial resistance by sovereigntist movements in multiple countries who seek to “take back control” from such transnational governance groups and agreements, restoring the world to pre World War II norms of sovereignty.

  • Nation-states[edit] A community of people who claim the right of self-determination based on a common ethnicity, history and culture might seek to establish sovereignty over
    a region, thus creating a nation-state.

  • [2] In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people in order to establish a law or change existing

  • For example, the United Kingdom uses the following criterion when deciding under what conditions other states recognise a political entity as having sovereignty over some
    territory; “Sovereignty.”

  • The idea of public sovereignty has often been the basis for modern democratic theory.

  • [46] Modern internal sovereignty[edit] Further information: Tribal sovereignty Within the modern governmental system, internal sovereignty is usually found in states that
    have public sovereignty and is rarely found within a state controlled by an internal sovereign.

  • This argument between who should hold the authority within a sovereign state is called the traditional doctrine of public sovereignty.

  • The centuries long movement which developed a global system of sovereign states came to an end when the excesses of World War II made it clear to nations that some curtailment
    of the rights of sovereign states was necessary if future cruelties and injustices were to be prevented.

  • “[27] According to Hendrik Spruyt, the sovereign state emerged as a response to changes in international trade (forming coalitions that wanted sovereign states)[2] so that
    the sovereign state’s emergence was not inevitable; “it arose because of a particular conjuncture of social and political interests in Europe.

  • He emphasized that a sovereign is bound to observe certain basic rules derived from the divine law, the law of nature or reason, and the law that is common to all nations
    (jus gentium), as well as the fundamental laws of the state that determine who is the sovereign, who succeeds to sovereignty, and what limits the sovereign power.

  • [13] Tilly references an example where nobles in parts of Europe were allowed to engage in private rights and Ustages, a constitution by Catalonia recognized that right which
    demonstrates empirical sovereignty.

  • In 1971 it lost UN recognition to Chinese Communist-led People’s Republic of China and its sovereign and political status as a state became disputed; therefore, it lost its
    ability to use “China” as its name and therefore became commonly known as Taiwan.

  • He created the first modern version of the social contract (or contractarian) theory, arguing that to overcome the “nasty, brutish and short” quality of life without the cooperation
    of other human beings, people must join in a “commonwealth” and submit to a “Soveraigne [sic] Power” that can compel them to act in the common good.

  • With Sovereignty meaning holding supreme, independent authority over a region or state, Internal Sovereignty refers to the internal affairs of the state and the location of
    supreme power within it.

  • [35] European integration is the second form of post-world war change in the norms of sovereignty, representing a significant shift since member nations are no longer absolutely

  • Public sovereignty in modern governments is a lot more common with examples like the US, Canada, Australia and India where the government is divided into different levels.

  • In 2005, the revision of the concept of sovereignty was made explicit with the Responsibility to Protect agreement endorsed by all member states of the United Nations.

  • [55] Shared and pooled[edit] Just as the office of head of state can be vested jointly in several persons within a state, the sovereign jurisdiction over a single political
    territory can be shared jointly by two or more consenting powers, notably in the form of a condominium.

  • [21] Reformation[edit] Sovereignty reemerged as a concept in the late 16th century, a time when civil wars had created a craving for a stronger central authority when monarchs
    had begun to gather power onto their own hands at the expense of the nobility, and the modern nation state was emerging.

  • [15] Juridical sovereignty emphasizes the importance of other states recognizing the rights of a state to exercise their control freely with little interference.

  • [48][49] In international law, sovereignty means that a government possesses full control over affairs within a territorial or geographical area or limit.

  • [22] Age of Enlightenment[edit] During the Age of Enlightenment, the idea of sovereignty gained both legal and moral force as the main Western description of the meaning and
    power of a State.

  • [8] According to Immanuel Wallerstein, another fundamental feature of sovereignty is that it is a claim that must be recognized if it is to have any meaning: Sovereignty is
    a hypothetical trade, in which two potentially (or really) conflicting sides, respecting de facto realities of power, exchange such recognitions as their least costly strategy.

  • Foreign governments use varied criteria and political considerations when deciding whether or not to recognise the sovereignty of a state over a territory.

  • Thomas Hobbes, in Leviathan (1651) put forward a conception of sovereignty similar to Bodin’s, which had just achieved legal status in the “Peace of Westphalia”, but for different

  • Thus, Bodin’s sovereign was restricted by the constitutional law of the state and by the higher law that was considered as binding upon every human being.

  • The current notion of state sovereignty contains four aspects: territory, population, authority and recognition.

  • Cooperation and respect of the populace; control of resources in, or moved into, an area; means of enforcement and security; and ability to carry out various functions of
    state all represent measures of de facto sovereignty.

  • It is important to have strong internal sovereignty to keeping order and peace.

  • [13] Michael Barnett notes that this is largely due to the effects of the post Cold War era because the United Nations believed that to have peaceful relations states should
    establish peace within their territory.

  • Hobbes strengthened the definition of sovereignty beyond either Westphalian or Bodin’s, by saying that it must be:[citation needed][23] • Absolute: because conditions could
    only be imposed on a sovereign if there were some outside arbitrator to determine when he had violated them, in which case the sovereign would not be the final authority.

  • Following the Thirty Years’ War, a European religious conflict that embroiled much of the continent, the Peace of Westphalia in 1648 established the notion of territorial
    sovereignty as a norm of noninterference in the affairs of other states, so-called Westphalian sovereignty, even though the treaty itself reaffirmed the multiple levels of the sovereignty of the Holy Roman Empire.

  • Sovereignty, or the general will, is inalienable, for the will cannot be transmitted; it is indivisible since it is essentially general; it is infallible and always right,
    determined and limited in its power by the common interest; it acts through laws.

  • [43] A state that has internal sovereignty is one with a government that has been elected by the people and has the popular legitimacy.

  • [13] For example, Jackson and Rosberg explain how the sovereignty and survival of African states were more largely influenced by legal recognition rather than material aid.

  • Internal[edit] Further information: Free state (polity) Internal sovereignty is the relationship between sovereign power and the political community.

  • He held that sovereignty must be perpetual because anyone with the power to enforce a time limit on the governing power must be above the governing power, which would be impossible
    if the governing power is absolute.

  • It was the first step towards circumscription of the powers of sovereign nations, soon followed by the Genocide Convention which legally required nations to punish genocide.

  • Jean Bodin, partly in reaction to the chaos of the French wars of religion, presented theories of sovereignty calling for a strong central authority in the form of absolute

  • “[50] Sovereignty may be recognized even when the sovereign body possesses no territory or its territory is under partial or total occupation by another power.

  • Depending on the particular issue, sometimes both northern and southern states justified their political positions by appealing to state sovereignty.

  • They believed the overriding merit of vesting sovereignty in a single individual was that sovereignty would therefore be indivisible; it would be expressed in a single voice
    that could claim final authority.

  • [38][39] A sovereign power has absolute sovereignty when it is not restricted by a constitution, by the laws of its predecessors, or by custom, and no areas of law or policy
    are reserved as being outside its control.

  • [57][58] Another example of shared and pooled sovereignty is the Acts of Union 1707 which created the unitary state now known as the United Kingdom.

  • Federations[edit] In a federal system of government, sovereignty also refers to powers which a constituent state or republic possesses independently of the national government.

  • The presence of strong internal sovereignty allows a state to deter opposition groups in exchange for bargaining.

  • Bodin rejected the notion of transference of sovereignty from people to the ruler (also known as the sovereign); natural law and divine law confer upon the sovereign the right
    to rule.

  • [8] Often, these four aspects all appear together, but this is not necessarily the case – they are not affected by one another, and there are historical examples of states
    that were non-sovereign in one aspect while at the same time being sovereign in another of these aspects.

  • [52] The governments-in-exile of many European states (for instance, Norway, Netherlands or Czechoslovakia) during the Second World War were regarded as sovereign despite
    their territories being under foreign occupation; their governance resumed as soon as the occupation had ended.

  • Public Sovereignty is the belief that ultimate authority is vested in the people themselves, expressed in the idea of the general will.

  • This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and reside
    within the same organization.

  • [34] After the Holocaust, the vast majority of states rejected the prior Westphalian permissiveness towards such supremacist power based sovereignty formulations and signed
    the Universal Declaration of Human Rights in 1948.

  • This means that the power is elected and supported by its members, the authority has a central goal of the good of the people in mind.

  • Hobbes’ hypothesis—that the ruler’s sovereignty is contracted to him by the people in return for his maintaining their physical safety—led him to conclude that if and when
    the ruler fails, the people recover their ability to protect themselves by forming a new contract.

  • [44] The lack of internal sovereignty can cause war in one of two ways: first, undermining the value of agreement by allowing costly violations; and second, requiring such
    large subsidies for implementation that they render war cheaper than peace.

  • Specifically, the degree to which decisions made by a sovereign entity might be contradicted by another authority.

  • (Digest I.4.1) Ulpian was expressing the idea that the emperor exercised a rather absolute form of sovereignty that originated in the people, although he did not use the term

  • This resulted as a natural extension of the older principle of cuius regio, eius religio (Whose realm, his religion), leaving the Roman Catholic Church with little ability
    to interfere with the internal affairs of many European states.

  • [63] In 2012, the Scottish Government, created in 1998 through devolution in the United Kingdom, negotiated terms with the Government of the United Kingdom for the 2014 Scottish
    independence referendum which resulted in the people of Scotland deciding to continue the pooling of its sovereignty with the rest of the United Kingdom.

  • [32][33] In the years immediately prior to the war, National Socialist theorist Carl Schmitt argued that sovereignty had supremacy over constitutional and international constraints
    arguing that states as sovereigns couldn’t be judged and punished.


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