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Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. 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 an existing law. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. ''
De jure In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legall ...
'' sovereignty refers to the legal right to do so; ''
de facto ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with '' de jure'' ("by l ...
'' sovereignty refers to the factual ability to do so. 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.


Etymology

The term arises from the unattested
Vulgar Latin Vulgar Latin, also known as Popular or Colloquial Latin, is the range of non-formal registers of Latin spoken from the Late Roman Republic onward. Through time, Vulgar Latin would evolve into numerous Romance languages. Its literary counterpa ...
's ''*superanus'', (itself derived form of Latin ''super'' – "over") meaning "chief", "ruler". Its spelling, which varied from the word's first appearance in English in the fourteenth century, was influenced by the English reign.


Concepts

The concept of sovereignty has multiple conflicting components, varying definitions, and diverse and inconsistent applications throughout history. The current notion of state sovereignty contains four aspects consisting of territory, population, authority and recognition. 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 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 (examples of such other authorities could be a political organization or any other external agent). 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. According to
Immanuel Wallerstein Immanuel Maurice Wallerstein (; September 28, 1930 – August 31, 2019) was an American sociologist and economic historian. He is perhaps best known for his development of the general approach in sociology which led to the emergence of his wo ...
, another fundamental feature of sovereignty is that it is a claim that must be recognized if it is to have any meaning:


History


Classical

The
Roman Roman or Romans most often refers to: * Rome, the capital city of Italy * Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of ancient Rome *''Epistle to the Romans'', shortened to ''Romans'', a lett ...
jurist Ulpian observed that: * The people transferred all their '' imperium'' and power to the
Emperor An emperor (from la, imperator, via fro, empereor) is a monarch, and usually the sovereign ruler of an empire or another type of imperial realm. Empress, the female equivalent, may indicate an emperor's wife ( empress consort), mother ( ...
. ''Cum lege regia, quae de imperio eius lata est, populus ei et in eum omne suum imperium et potestatem conferat'' (Digest I.4.1) * The laws do not bind the emperor. ''Princeps legibus solutus est'' (Digest I.3.31) * A decision by the emperor has the force of law. ''Quod principi placuit legis habet vigorem.'' (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 expressly.


Medieval

Ulpian's statements were known in medieval Europe, but sovereignty was an important concept in medieval times. Medieval monarchs were ''not'' sovereign, at least not strongly so, because they were constrained by, and shared power with, their feudal aristocracy. Furthermore, both were strongly constrained by custom. Sovereignty existed during the Medieval period as the ''
de jure In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legall ...
'' rights of nobility and royalty.


Reformation

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.
Jean Bodin Jean Bodin (; c. 1530 – 1596) was a French jurist and political philosopher, member of the Parlement of Paris and professor of law in Toulouse. He is known for his theory of sovereignty. He was also an influential writer on demonology. Bo ...
, 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 monarchy Absolute monarchy (or Absolutism as a doctrine) is a form of monarchy in which the monarch rules in their own right or power. In an absolute monarchy, the king or queen is by no means limited and has absolute power, though a limited constituti ...
. In his 1576 treatise '' Les Six Livres de la République'' ("Six Books of the Republic") Bodin argued that it is inherent in the nature of the state that sovereignty must be: * Absolute: On this point, he said that the sovereign must be hedged in with obligations and conditions, must be able to legislate without his (or its) subjects' consent, must not be bound by the laws of his predecessors, and could not, because it is illogical, be bound by his own laws. * Perpetual: Not temporarily delegated as to a strong leader in an emergency or a state employee such as a magistrate. 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. 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. And the sovereign is not above divine law or natural law. He is above (''ie.'' not bound by) only positive law, that is, laws made by humans. 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. 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 fact that the sovereign must obey divine and natural law imposes ethical constraints on him. Bodin also held that the ''lois royales'', the fundamental laws of the French monarchy which regulated matters such as succession, are natural laws and are binding on the French sovereign. Despite his commitment to absolutism, Bodin held some moderate opinions on how government should in practice be carried out. He held that although the sovereign is not obliged to, it is advisable for him, as a practical expedient, to convene a senate from whom he can obtain advice, to delegate some power to magistrates for the practical administration of the law, and to use the
Estates Estate or The Estate may refer to: Law * Estate (law), a term in common law for a person's property, entitlements and obligations * Estates of the realm, a broad social category in the histories of certain countries. ** The Estates, representati ...
as a means of communicating with the people. Bodin believed that "the most divine, most excellent, and the state form most proper to royalty is governed partly aristocratically and partly democratically". With his doctrine that sovereignty is conferred by divine law, Bodin predefined the scope of the divine right of kings.


Age of Enlightenment

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. In particular, the " Social contract" as a mechanism for establishing sovereignty was suggested and, by 1800, widely accepted, especially in the new
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
and
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
, though also in Great Britain to a lesser extent.
Thomas Hobbes Thomas Hobbes ( ; 5/15 April 1588 – 4/14 December 1679) was an English philosopher, considered to be one of the founders of modern political philosophy. Hobbes is best known for his 1651 book '' Leviathan'', in which he expounds an influ ...
, 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 reasons. 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 Power" that can compel them to act in the common good. This expediency argument attracted many of the early proponents of sovereignty. Hobbes strengthened the definition of sovereignty beyond either Westphalian or Bodin's, by saying that it must be: * 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. * Indivisible: The sovereign is the only final authority in his territory; he does not share final authority with any other entity. Hobbes held this to be true because otherwise there would be no way of resolving a disagreement between the multiple authorities. 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. Hobbes's theories decisively shape the concept of sovereignty through the medium of social contract theories. Jean-Jacques Rousseau's (1712–1778) definition of popular sovereignty (with early antecedents in Francisco Suárez's theory of the origin of power), provides that the people are the legitimate sovereign. Rousseau considered sovereignty to be inalienable; he condemned the distinction between the origin and the exercise of sovereignty, a distinction upon which constitutional monarchy or representative democracy is founded. John Locke, and Montesquieu are also key figures in the unfolding of the concept of sovereignty; their views differ with Rousseau and with Hobbes on this issue of alienability. The second book of Jean-Jacques Rousseau's ''
Du Contrat Social, ou Principes du droit politique ''The Social Contract'', originally published as ''On the Social Contract; or, Principles of Political Right'' (french: Du contrat social; ou, Principes du droit politique), is a 1762 French-language book by the Genevan philosopher Jean-Jacques ...
'' (1762) deals with sovereignty and its rights. 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. Law is the decision of the general will regarding some object of common interest, but though the general will is always right and desires only good, its judgment is not always enlightened, and consequently does not always see wherein the common good lies; hence the necessity of the legislator. But the legislator has, of himself, no authority; he is only a guide who drafts and proposes laws, but the people alone (that is, the sovereign or general will) has authority to make and impose them. Rousseau, in the ''Social Contract'' 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. Thus the legal maxim, "there is no law without a sovereign." According to
Hendrik Spruyt Hendrik Spruyt is a Dutch political scientist. He is the Norman Dwight Harris Professor of International Relations at Northwestern University. He is known for his research on state formation and sovereignty. Spruyt has advanced arguments for the eme ...
, the sovereign state emerged as a response to changes in international trade (forming coalitions that wanted sovereign states) so that the sovereign state's emergence was not inevitable; "it arose because of a particular conjuncture of social and political interests in Europe." Once states are recognized as sovereign, they are rarely recolonized, merged, or dissolved.


Post World War II world order

Today, no state is sovereign in the sense they were prior to the Second World War. Transnational governance agreements and institutions, the globalized economy, and pooled sovereignty unions such as the European union have eroded the sovereignty of traditional states. 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. In the years immediately prior to the war,
National Socialist Nazism ( ; german: Nazismus), the common name in English for National Socialism (german: Nationalsozialismus, ), is the far-right totalitarian political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in ...
theorist Carl Schmitt argued that sovereignty had supremacy over constitutional and international constraints arguing that states as sovereigns couldn’t be judged and punished. 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. It was the first step towards circumscription of the powers of sovereign nations, soon followed by the
Genocide Convention The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It wa ...
which legally required nations to punish genocide. 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. Previously, actions in Yugoslavia, Bosnia, Kosovo, Somalia, Rwanda, Haiti, Cambodia or Liberia would have been regarded as illegitimate interference in internal affairs. 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. If a state fails this responsibility either by perpetrating massive injustice or being incapable of protecting its citizens, then outsiders may assume that responsibility despite prior norms forbidding such interference in a nation’s sovereignty. 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 sovereign. 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: *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 ''Take back control'' is a British political slogan associated with the Brexit referendum, popularised by Vote Leave. It was used by supporters of Brexit, Britain's withdrawal from the European Union. The slogan implied that Britain's sovereig ...
" from such transnational governance groups and agreements, restoring the world to pre World War II norms of sovereignty.


Definition and types


Absoluteness

An important factor of sovereignty is its degree of absoluteness. 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. International law; policies and actions of neighboring states; cooperation and respect of the populace; means of enforcement; and resources to enact policy are factors that might limit sovereignty. For example, parents are not guaranteed the right to decide some matters in the upbringing of their children independent of societal regulation, and municipalities do not have unlimited jurisdiction in local matters, thus neither parents nor municipalities have absolute sovereignty. Theorists have diverged over the desirability of increased absoluteness.


Exclusivity

A key element of sovereignty in a legalistic sense is that of exclusivity of jurisdiction. Specifically, the degree to which decisions made by a sovereign entity might be contradicted by another authority. 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 same right must either be brought under the yoke of the sovereign, proven illegitimate or otherwise contested and defeated for sovereignty to be genuine. International law, competing branches of government, and authorities reserved for subordinate entities (such as federated states or republics) represent legal infringements on exclusivity. Social institutions such as religious bodies, corporations, and competing political parties might represent ''de facto'' infringements on exclusivity.


''De jure'' and ''de facto''

''
De jure In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legall ...
'', or legal, sovereignty concerns the expressed and institutionally recognised right to exercise control over a territory. ''
De facto ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with '' de jure'' ("by l ...
'', or actual, sovereignty is concerned with whether control in fact exists. 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. When control is practiced predominantly by the military or police force it is considered ''coercive sovereignty''.


Sovereignty and independence

State sovereignty is sometimes viewed synonymously with independence, however, sovereignty can be transferred as a legal right whereas independence cannot. A state can achieve ''de facto'' independence long after acquiring sovereignty, such as in the case of Cambodia, Laos and Vietnam. Additionally, independence can also be suspended when an entire region becomes subject to an occupation. For example, when
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
was overrun by foreign forces in the Iraq War of 2003, Iraq had not been annexed by any country, so sovereignty over it had not been claimed by any foreign state (despite the facts on the ground). Alternatively, independence can be lost completely when sovereignty itself becomes the subject of dispute. The pre-World War II administrations of Latvia, Lithuania and
Estonia Estonia, formally the Republic of Estonia, is a country by the Baltic Sea in Northern Europe. It is bordered to the north by the Gulf of Finland across from Finland, to the west by the sea across from Sweden, to the south by Latvia, an ...
maintained an exile existence (and considerable international recognition) whilst their territories were annexed by the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nationa ...
and governed locally by their pro-Soviet functionaries. When in 1991 Latvia, Lithuania and Estonia re-enacted independence, it was done so on the basis of continuity directly from the pre-Soviet republics. Another complicated sovereignty scenario can arise when regime itself is the subject of dispute. In the case of
Poland Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populou ...
, the People's Republic of Poland which governed Poland from 1945 to 1989 is now seen to have been an illegal entity by the modern Polish administration. The post-1989 Polish state claims direct continuity from the Second Polish Republic which ended in 1939. For other reasons, however, Poland maintains its communist-era outline as opposed to its pre-World War II shape which included areas now in
Belarus Belarus,, , ; alternatively and formerly known as Byelorussia (from Russian ). officially the Republic of Belarus,; rus, Республика Беларусь, Respublika Belarus. is a landlocked country in Eastern Europe. It is bordered by ...
,
Czech Republic The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
, Lithuania, Slovakia and
Ukraine Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europe. It is the second-largest European country after Russia, which it borders to the east and northeast. Ukraine covers approximately . Prior to the ongoing Russian inva ...
but did not include some of its western regions that were then in
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwee ...
. Additionally sovereignty can be achieved without independence, such as how the Declaration of State Sovereignty of the Russian Soviet Federative Socialist Republic made the Russian Soviet Federative Socialist Republic a sovereign entity within but not independent from the USSR. 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. The sovereignty (i.e. legal right to govern) however, is disputed in all three cases as the first entity is claimed by
Serbia Serbia (, ; Serbian: , , ), officially the Republic of Serbia ( Serbian: , , ), is a landlocked country in Southeastern and Central Europe, situated at the crossroads of the Pannonian Basin and the Balkans. It shares land borders with Hu ...
and the second by Somalia.


Internal

Internal sovereignty is the relationship between sovereign power and the political community. A central concern is
legitimacy Legitimacy, from the Latin ''legitimare'' meaning "to make lawful", may refer to: * Legitimacy (criminal law) * Legitimacy (family law) * Legitimacy (political) See also * Bastard (law of England and Wales) * Illegitimacy in fiction * Legit (d ...
: by what right does a government exercise authority? Claims of legitimacy might refer to the divine right of kings, or to a social contract (i.e. popular sovereignty). Max Weber offered a first categorization of political authority and legitimacy with the categories of traditional, charismatic and legal-rational. 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. A state that has internal sovereignty is one with a government that has been elected by the people and has the popular legitimacy. Internal sovereignty examines the internal affairs of a state and how it operates. It is important to have strong internal sovereignty to keeping order and peace. When you have weak internal sovereignty, organisations such as rebel groups will undermine the authority and disrupt the peace. The presence of a strong authority allows you to keep the agreement and enforce sanctions for the violation of laws. The ability for leadership to prevent these violations is a key variable in determining internal sovereignty. 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. Leadership needs to be able to promise members, especially those like armies, police forces, or paramilitaries will abide by agreements. The presence of strong internal sovereignty allows a state to deter opposition groups in exchange for bargaining. 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. This argument between who should hold the authority within a sovereign state is called the traditional doctrine of public sovereignty. This discussion is between an internal sovereign or an authority of public sovereignty. 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. Early thinkers believed sovereignty should be vested in the hands of a single person, a monarch. 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. An example of an internal sovereign is Louis XIV of France during the seventeenth century; Louis XIV claimed that he was the state. Jean-Jacques Rousseau rejected monarchical rule in favor of the other type of authority within a sovereign state, public sovereignty. Public Sovereignty is the belief that ultimate authority is vested in the people themselves, expressed in the idea of the general will. 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. The idea of public sovereignty has often been the basis for modern democratic theory.


Modern internal 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. A form of government that is a little different from both is the UK parliament system. John Austin argued that sovereignty in the UK was vested neither in the Crown nor in the people but in the " Queen-in-Parliament". This is the origin of the doctrine of parliamentary sovereignty and is usually seen as the fundamental principle of the British constitution. With these principles of parliamentary sovereignty, majority control can gain access to unlimited constitutional authority, creating what has been called "elective dictatorship" or "modern autocracy". 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.


External

External sovereignty concerns the relationship between sovereign power and other states. For example, the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
uses the following criterion when deciding under what conditions other states recognise a political entity as having sovereignty over some territory; External sovereignty is connected with questions of international law – such as when, if ever, is intervention by one country into another's territory permissible? Following the
Thirty Years' War The Thirty Years' War was one of the longest and most destructive conflicts in European history, lasting from 1618 to 1648. Fought primarily in Central Europe, an estimated 4.5 to 8 million soldiers and civilians died as a result of batt ...
, 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 actual treaty itself reaffirmed the multiple levels of the sovereignty of the Holy Roman Empire. This resulted as a natural extension of the older principle of ''
cuius regio, eius religio () is a Latin phrase which literally means "whose realm, their religion" – meaning that the religion of the ruler was to dictate the religion of those ruled. This legal principle marked a major development in the collective (if not individual ...
'' (Whose realm, his religion), leaving the Roman Catholic Church with little ability to interfere with the internal affairs of many European states. It is a myth, however, that the Treaties of Westphalia created a new European order of equal sovereign states. In international law, sovereignty means that a government possesses full control over affairs within a territorial or geographical area or limit. Determining whether a specific entity is sovereign is not an exact science, but often a matter of diplomatic dispute. There is usually an expectation that both ''de jure'' and ''de facto'' sovereignty rest in the same organisation at the place and time of concern. Foreign governments use varied criteria and political considerations when deciding whether or not to recognise the sovereignty of a state over a territory. Membership in the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...
requires that " e admission of any such state to membership in the United Nations will be affected by a decision of the General Assembly upon the recommendation of the Security Council." Sovereignty may be recognized even when the sovereign body possesses no territory or its territory is under partial or total occupation by another power. The Holy See was in this position between the annexation in 1870 of the Papal States by Italy and the signing of the Lateran Treaties in 1929, a 59-year period during which it was recognised as sovereign by many (mostly Roman Catholic) states despite possessing no territory – a situation resolved when the Lateran Treaties granted the Holy See sovereignty over the
Vatican City Vatican City (), officially the Vatican City State ( it, Stato della Città del Vaticano; la, Status Civitatis Vaticanae),—' * german: Vatikanstadt, cf. '—' (in Austria: ') * pl, Miasto Watykańskie, cf. '—' * pt, Cidade do Vati ...
. Another case, '' sui generis'' is the Sovereign Military Order of Malta, the third sovereign entity inside Italian territory (after San Marino and the Vatican City State) and the second inside the Italian capital (since in 1869 the Palazzo di Malta and the Villa Malta receive extraterritorial rights, in this way becoming the only "sovereign" territorial possessions of the modern Order), which is the last existing heir to one of several once militarily significant, crusader states of sovereign military orders. In 1607 its Grand masters were also made
Reichsfürst Prince of the Holy Roman Empire ( la, princeps imperii, german: Reichsfürst, cf. ''Fürst'') was a title attributed to a hereditary ruler, nobleman or prelate recognised as such by the Holy Roman Emperor. Definition Originally, possessors o ...
(princes of the Holy Roman Empire) by the Holy Roman Emperor, granting them seats in the Reichstag, at the time the closest permanent equivalent to an UN-type general assembly; confirmed 1620. These sovereign rights were never deposed, only the territories were lost. Over 100 modern states maintain full diplomatic relations with the order, and the UN awarded it observer status. The governments-in-exile of many European states (for instance, Norway, Netherlands or
Czechoslovakia , rue, Чеськословеньско, , yi, טשעכאסלאוואקיי, , common_name = Czechoslovakia , life_span = 1918–19391945–1992 , p1 = Austria-Hungary , image_p1 ...
) during the
Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposi ...
were regarded as sovereign despite their territories being under foreign occupation; their governance resumed as soon as the occupation had ended. The government of Kuwait was in a similar situation ''vis-à-vis'' the
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
i occupation of its country during 1990–1991. The government of Republic of China was recognized as sovereign over
China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...
from 1911 to 1971 despite that its
mainland China "Mainland China" is a geopolitical term defined as the territory governed by the China, People's Republic of China (including islands like Hainan or Chongming Island, Chongming), excluding dependent territories of the PRC, and other territorie ...
territory became occupied by Communist Chinese forces since 1949. In 1971 it lost UN recognition to
Chinese Communist The Chinese Communist Party (CCP), officially the Communist Party of China (CPC), is the founding and sole ruling party of the People's Republic of China (PRC). Under the leadership of Mao Zedong, the CCP emerged victorious in the Chinese Ci ...
-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 Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the no ...
. The International Committee of the Red Cross is commonly mistaken to be sovereign. It has been granted various degrees of special privileges and legal immunities in many countries, including Belgium, France, Switzerland and soon in Ireland. Similarly for Australia, Russia, South Korea, South Africa and the US. that in cases like Switzerland are considerable, The Committee is a private organisation governed by Swiss law.


Shared and pooled

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. Likewise the member states of international organizations may voluntarily bind themselves by treaty to a supranational organization, such as a
continental union A continental union is a regional organization which facilitates pan-continental integration. Continental unions vary from collaborative intergovernmental organizations, to supranational politico- economic unions. Continental unions are a relativ ...
. In the case of the European Union member-states, this is called "pooled sovereignty". Another example of shared and pooled sovereignty is the Acts of Union 1707 which created the unitary state now known as the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
. It was a full economic union, meaning the Scottish and English systems of currency, taxation and laws regulating trade were aligned.R. Mitchison, ''A History of Scotland'' (London: Routledge, 3rd edn., 2002), , p. 314. Nonetheless, Scotland and England never fully surrendered or pooled all of their governance sovereignty; they retained many of their previous national institutional features and characteristics, particularly relating to their legal, religious and educational systems. In 2012, the Scottish Government, created in 1998 through devolution in the United Kingdom, negotiated terms with the
Government of the United Kingdom ga, Rialtas a Shoilse gd, Riaghaltas a Mhòrachd , image = HM Government logo.svg , image_size = 220px , image2 = Royal Coat of Arms of the United Kingdom (HM Government).svg , image_size2 = 180px , caption = Royal Arms , date_est ...
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.


Nation-states

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. Such nations are sometimes recognised as
autonomous area In developmental psychology and moral, political, and bioethical philosophy, autonomy, from , ''autonomos'', from αὐτο- ''auto-'' "self" and νόμος ''nomos'', "law", hence when combined understood to mean "one who gives oneself one's ...
s rather than as fully sovereign, independent states.


Federations

In a federal system of government, ''sovereignty'' also refers to powers which a constituent state or republic possesses independently of the national government. In a confederation, constituent entities retain the right to withdraw from the national body and the union is often more temporary than a federation. Different interpretations of state sovereignty in the
United States of America The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...
, as it related to the expansion of
slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
and fugitive slave laws, led to the outbreak of the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States. It was fought between the Union (American Civil War), Union ("the North") and t ...
. Depending on the particular issue, sometimes both northern and southern states justified their political positions by appealing to state sovereignty. Fearing that slavery would be threatened by results of the 1860 presidential election, eleven slave states declared their independence from the federal Union and formed a new confederation. The United States government rejected the secessions as rebellion, declaring that secession from the Union by an individual state was unconstitutional, as the states were part of an indissoluble federation.


Sovereignty vs. military occupation

In situations related to war, or which have arisen as the result of war, most modern scholars still commonly fail to distinguish between holding sovereignty and exercising military occupation. In regard to military occupation, international law prescribes the limits of the occupant's power. Occupation does not displace the sovereignty of the occupied state, though for the time being the occupant may exercise supreme governing authority. Nor does occupation effect any annexation or incorporation of the occupied territory into the territory or political structure of the occupant, and the occupant's constitution and laws do not extend of their own force to the occupied territory. To a large extent, the original academic foundation for the concept of "military occupation" arose from
On the Law of War and Peace ''De iure belli ac pacis'' (English: ''On the Law of War and Peace'') is a 1625 book in Latin, written by Hugo Grotius and published in Paris, on the legal status of war. It is now regarded as a foundational work in international law. The work t ...
(1625) by Hugo Grotius and The Law of Nations (1758) by
Emmerich de Vattel Emer (Emmerich) de Vattel ( 25 April 171428 December 1767) was an international lawyer. He was born in Couvet in the Principality of Neuchâtel (now a canton part of Switzerland but part of Prussia at the time) in 1714 and died in 1767. He was l ...
. Binding international rules regarding the conduct of military occupation were more carefully codified in the 1907 Hague Convention (and accompanying Hague Regulations). In 1946 the Nuremberg International Military Tribunal stated with regard to the Hague Convention on Land Warfare of 1907: "The rules of land warfare expressed in the Convention undoubtedly represented an advance over existing International Law at the time of their adoption ... but by 1939 these rules ... were recognized by all civilized nations and were regarded as being declaratory of the laws and customs of war."


Acquisition

A number of modes for acquisition of sovereignty are presently or have historically been recognized in international law as lawful methods by which a state may acquire sovereignty over external territory. The classification of these modes originally derived from Roman property law and from the 15th and 16th century with the development of international law. The modes are: * Cession is the transfer of territory from one state to another usually by means of treaty; * Occupation is the acquisition of territory that belongs to no state (or terra nullius); * Prescription is the effective control of territory of another acquiescing state; * Operations of nature is the acquisition of territory through natural processes like river accretion or volcanism; * Creation is the process by which new land is (re)claimed from the sea such as in the Netherlands. * Adjudication and *
Conquest Conquest is the act of military subjugation of an enemy by force of arms. Military history provides many examples of conquest: the Roman conquest of Britain, the Mauryan conquest of Afghanistan and of vast areas of the Indian subcontinent, ...


Justifications

There exist vastly differing views on the moral basis of sovereignty. A fundamental polarity is between theories which assert that sovereignty is vested directly in the sovereigns by divine or natural right, and theories which assert it originates from the people. In the latter case there is a further division into those which assert that the people transfer their sovereignty to the sovereign (Hobbes), and those which assert that the people retain their sovereignty (Rousseau). During the brief period of absolute monarchies in Europe, the divine right of kings was an important competing justification for the exercise of sovereignty. The Mandate of Heaven had some similar implications in China. A republic is a form of government in which the people, or some significant portion of them, retain sovereignty over the government and where offices of state are not granted through heritage. A common modern definition of a republic is a government having a head of state who is not a monarch. Democracy is based on the concept of '' popular sovereignty''. In a direct democracy the public plays an active role in shaping and deciding policy. Representative democracy permits a transfer of the exercise of sovereignty from the people to a legislative body or an executive (or to some combination of the legislature, executive and Judiciary). Many representative democracies provide limited direct democracy through
referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
, initiative, and
recall Recall may refer to: * Recall (bugle call), a signal to stop * Recall (information retrieval), a statistical measure * ''ReCALL'' (journal), an academic journal about computer-assisted language learning * Recall (memory) * ''Recall'' (Overwatc ...
. Parliamentary sovereignty refers to a representative democracy where the parliament is ultimately sovereign, neither the executive power nor the judiciary.


Views

*
Classical liberals Classical liberalism is a political tradition and a branch of liberalism that advocates free market and laissez-faire economics; civil liberties under the rule of law with especial emphasis on individual autonomy, limited government, eco ...
such as John Stuart Mill consider every individual as sovereign. * Realists view sovereignty as being untouchable and as guaranteed to legitimate nation-states. *
Rationalists In philosophy, rationalism is the epistemological view that "regards reason as the chief source and test of knowledge" or "any view appealing to reason as a source of knowledge or justification".Lacey, A.R. (1996), ''A Dictionary of Philosoph ...
see sovereignty similarly to realists. However, rationalism states that the sovereignty of a nation-state may be violated in extreme circumstances, such as human rights abuses. * Internationalists believe that sovereignty is outdated and an unnecessary obstacle to achieving peace, in line with their belief in a 'global community'. In the light of the abuse of power by sovereign states such as Hitler's Germany or Stalin's Soviet Union, they argue that human beings are not necessarily protected by the state whose citizens they are and that the respect for state sovereignty on which the UN Charter is founded is an obstacle to humanitarian intervention. * Anarchists and some libertarians deny the sovereignty of states and governments. Anarchists often argue for a specific individual kind of sovereignty, such as the Anarch as a sovereign individual. Salvador Dalí, for instance, talked of "anarcho-monarchist" (as usual for him, tongue in cheek); Antonin Artaud of '' Heliogabalus: Or, The Crowned Anarchist''; Max Stirner of '' The Ego and Its Own''; Georges Bataille and Jacques Derrida talked of a kind of "antisovereignty". Therefore, anarchists join a classical conception of the individual as sovereign of himself, which forms the basis of political consciousness. The unified consciousness is sovereignty over one's own body, as Nietzsche demonstrated (see also Pierre Klossowski's book on ''Nietzsche and the Vicious Circle''). ''See also sovereignty of the individual and self-ownership''. * Imperialists hold a view of sovereignty where power rightfully exists with those states that hold the greatest ability to impose the will of said state, by force or threat of force, over the populace of other states with weaker military or political will. They effectively deny the sovereignty of the individual in deference to either the 'good' of the whole or to divine right. According to Matteo Laruffa "sovereignty resides in every public action and policy as the exercise of executive powers by institutions open to the participation of citizens to the decision-making processes"Matteo Laruffa, "The European Integration and National Interests: from an intergovernmental model to a Constitutional Agreement" (Hungarian Academy of Social Sciences, Budapest, 3 July 2014)


See also

* Air sovereignty *
Autonomous area In developmental psychology and moral, political, and bioethical philosophy, autonomy, from , ''autonomos'', from αὐτο- ''auto-'' "self" and νόμος ''nomos'', "law", hence when combined understood to mean "one who gives oneself one's ...
* Basileus * Mandate of Heaven * National sovereignty * Plenary authority * Self-ownership *
Self-sovereign identity Self-sovereign identity (SSI) is an approach to digital identity that gives individuals control over the information they use to prove who they are to websites, services, and applications across the web. Without SSI, individuals with persistent ...
* Sovereignty of the individual * Souverainism *
Suzerainty Suzerainty () is the rights and obligations of a person, state or other polity who controls the foreign policy and relations of a tributary state, while allowing the tributary state to have internal autonomy. While the subordinate party is ca ...


References

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Further reading

* * * Paris, R. (2020). " The Right to Dominate: How Old Ideas About Sovereignty Pose New Challenges for World Order." ''International Organization'' * * * *


External links

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