Infor Global Politics Sovereignty Exam 26/11

Peace of Westphalia (1648)

The Peace of Westphalia ended the Thirty Years’ War and is considered a foundational moment in the development of the modern international system. Its key contributions include:

1. Principle of State Sovereignty:

   • Established that states have authority over their internal affairs without external interference.

   • Marked a shift from religious and imperial dominance (e.g., the Catholic Church or Holy Roman Empire) to independent governance.

2. Non-Intervention:

   • Introduced the concept that states should not meddle in each other’s domestic issues.

3. Decentralization in Europe:

   • Power became distributed among states, which began exercising independent governance.

4. Relevance Today:

   • Westphalian principles continue to shape international relations, though globalization, human rights norms, and organizations like the UN challenge its absoluteness.

Montevideo Convention (1933)

Signed in Montevideo, Uruguay, the Montevideo Convention established legal criteria for statehood and clarified the rights and responsibilities of states in international relations.

1. Criteria for Statehood:
   To be recognized as a state, entities must have:

   • Permanent Population: A stable and identifiable group of inhabitants.

   • Defined Territory: Clear borders recognized by others.

   • Effective Government: The ability to maintain order and enforce laws.

   • Capacity for Relations: Acknowledged ability to interact diplomatically with other states.

2. Rights and Duties of States:

   • States have the right to independence and self-governance.

   • They are obligated to respect the sovereignty of others.

3. Impact on International Relations:

   • Affirmed equality among states, regardless of size or power.

   • Provided a framework for recognizing new states, though political factors often complicate application (e.g., Palestine, Kosovo).

4. Modern Implications:

   • These principles remain central to debates on state recognition and legitimacy.

Sovereignty

Sovereignty, the core concept of international relations, can be defined as a state's supreme authority within its borders, free from external control. Key aspects include:

1. Internal Sovereignty:

   • Refers to a state’s ability to govern itself independently, which includes creating laws, collecting taxes, and determining economic policies like trade.

2. External Sovereignty:

   • Focuses on a state’s interactions with other states and international organizations, ensuring mutual respect for borders and independence.

3. Contested Sovereignty:

   • Sovereignty is not absolute and is debated depending on the theoretical lens applied.

   • Example: The principle of non-intervention versus emerging norms like the Responsibility to Protect (R2P), which justify intervention in cases of genocide or crimes against humanity.

Sovereignty and International Law

Sovereignty is a cornerstone of international law, but the relationship is complex and sometimes contradictory.

1. Core Principle:

   • Sovereign equality ensures all states are independent and equal under international law.

2. Limitations:

   • States voluntarily limit their sovereignty by joining international organizations or treaties (e.g., the UN, WTO).

   • Such agreements often impose rules that states must follow, trading some autonomy for global cooperation.

3. Non-Intervention vs. R2P:

   • The UN Charter’s principle of non-intervention prohibits states from interfering in each other’s affairs.

   • The R2P doctrine challenges this by asserting an international duty to intervene in cases of severe human rights violations.

4. Key Institutions Overseeing International Law:

   • United Nations (UN): Ensures sovereign equality and mediates disputes.

   • International Court of Justice (ICJ): Resolves legal conflicts between states.

   • World Trade Organization (WTO): Oversees trade agreements, influencing states’ economic policies.

Philosophical Foundations of Sovereignty and the Rule of Law

1. Aristotle:

   • Advocated governance by laws over individual rulers, ensuring fairness and consistency. He acknowledged the limitations of laws but saw them as a preferable system.

2. Shang Yang:

   • A legalist philosopher who argued that governance must strictly adhere to laws to ensure stability and institutional continuity. He emphasized the primacy of law over personal rule.

The Intersection of Sovereignty and International Law

• Balancing Act: Sovereignty forms the foundation of international law, but legal frameworks like treaties and organizations often constrain it.

• Challenges: Globalization, human rights, and environmental issues demand international cooperation, sometimes at the expense of national autonomy.

• Ongoing Debates: Sovereignty remains a contested concept, especially in areas like humanitarian intervention, globalization, and contested statehood (e.g., Taiwan, Crimea).