Evolving nature of state sovereignty

Question 1

What is a nation

Answer 1

• Groups of people claiming common bonds based on culture, language and history
• However, it does not have recognized control over defined territory
• Examples: Palestine, Kurds

Question 2

4 key features of a state

Answer 2

According to article 1 of the Montevideo Convention:
1. Has a defined territory
2. has a permanent population
3. Has an effective government
4. Has the capacity to enter into relationships with other states

Question 3

What is a nation state

Answer 3

• Groups of people claiming common bonds based on culture, language and history, who also have sovereignty over defined territory.
• Examples: Japan, South Korea

Question 4

What is sovereignty?

Answer 4

The principle of absolute and unlimited power, the absence of a higher authority in either domestic or external affairs

Question 5

What is internal sovereignty?

Answer 5

The notion of a supreme power/ authority within the state, located in a body that makes decisions that are binding to all citizens, groups and institutions.

Question 6

What is external sovereignty?

Answer 6

The absolute and unlimited authority of the state representing a specific territory and population on the world stage (relies upon recognition by other states)

Question 7

Where do modern sources of sovereignty come from?

Answer 7

• Internal: consent of the governed, monopoly over the use of force
  External: recognition by other states- often demonstrated through your engagement with the international community through multilateralism, membership of the UN, international law

Question 8

What allowed the development of the modern nation state system?

Answer 8

The Peace of Westphalia (1648)

Question 9

Terms of the Peace of Westphalia

Answer 9

All states possessed same legal rights:
- Sole jurisdiction over their territory
- Unrestricted control over domestic affairs
- Freedom to engage in foreign relations

Question 10

Consent of the governed:

Answer 10

• Article 21 of UDHR states that ‘The will of the people shall be the basis of the authority of the government’
  Sovereignty is drawn from the will of the people
• Can be seen as the most legitimate form of sovereignty in a democratic society

Question 11

Modern constitutions:

Answer 11

• Regulate how state power is used, often linked to sources of sovereignty
• Australian Constitution formalizes a system of representative government in which representatives in parliament exercise sovereign power on behalf of the Australian people

Question 12

International law:

Answer 12

Montevideo Convention
Article 1 can be used to assess whether the accepted criteria of state sovereignty has been satisfied
1. A defined territory
2. A permanent population
3. An effective government
4. The capacity to enter into relationships with other states

Question 13

International recognition:

Answer 13

• Membership of the UN
• Diplomatic recognition from other states

Question 14

Possession and use of force

Answer 14

• Used to maintain territorial control
• Consider how some authoritarian states like Syria have maintained sovereignty in part due to their use of force which has enabled them to maintain control over territory
• Territorial control

Question 15

4 present day challenges to state sovereignty

Answer 15

1. Supranationalism
2. Globalization and increased influence of MNC’s
3. Humanitarian Intervention
4. Expansion of terrorist groups

Question 16

What is supranationalism?

Answer 16

When separate state governments come together to form institutions that in turn can exercise authority over member states. Members of these institutions have deliberately agreed to delegate some of their functions to a higher authority, thereby arguably sacrificing some of their sovereignty

Question 17

Examples of supranationality

Answer 17

• Example: March 2012, Germany was one of the EU states that signed the multilateral Fiscal Stability Treaty (signed by all but the UK and Czech Republic) , which allowed the EU to control states budget policies. This treaty required signatory states to abide by economic principles like keeping a balanced budget (deficit below 3% of GDP)
  
  • Example: 2018, Hungary passed a law establishing separate administrative courts handling cases involving the state. The courts would be overseen by the justice minister. EU criticised the law, stating it violated Article 1 of the Treaty of the EU. In 2019, Hungary abandoned these plans in accordance with requests from the EU.
  • Example: December 2020, EU ruled Hungary’s practice of escorting undocumented migrants across the border to Serbia violated EU law. However, Hungary has continued this and has since sent a further 2,346 people back to Serbia.
  • Example: Temporary Protection Directive activated in 2022 allowing Ukranians fleeing the way to receive immediate protection without having to prove they were being personally persecuted. It also allowed Ukranians to choose which EU member state they would reside in, challenging an element of their sovereign control over migration policies.

Question 18

Example of MNC influence

Answer 18

• France imposed a 3% tax on tech firms with global revenues higher than 750 million euros and French revenues over 25 million.
• Amazon responded to this by simply passing this onto French businesses and increasing seller fees by 3%

Question 19

Humanitarian intervention definition

Answer 19

Enabling an external party to come into a conflict zone

Question 20

Humanitarian Intervention Example

Answer 20

UN provision of cross-border aid in Syria since 2014.
- Russia has been exercising its veto power since 2020 to inhibit the provision of aid as it feels like the UN is impeding on Syria’s sovereignty
- The World Food Program states than 14.6 million people need humanitarian aid
- In Jan 2023, UNSCR 2672 was passed which extended the use of the Bab al-Hawa border crossing for the provision of aid into north-west Syria until 10/07/23
- As these operations have time limits imposed on them this also adds to the challenge

Question 21

Why do terrorist groups impact state sovereignty?

Answer 21

Infringes on states ability to control territory and people

Question 22

Example of expansion of terrorist groups

Answer 22

• IS: In 2013, they controlled approximately 100,00 sq km and 10 million people
  
  • By 2017, this had dropped to only 45,377 km across Iraq and Syria
  • Following coordinated strikes from the US led multilateral security operation, Operation Inherent Resolve, by March 2019, they lost Baghous which was their last remaining territory they had controlled in Iraq and Syria