The evolving nature of state sovereignty Flashcards
What are the key features of a state?
A defined territory
Permanent population
Effective government
Capacity to enter relations with other states
What is the Montevideo Convention?
International agreement that outlines what statehood is
What article of the Montevideo Convention defined the key features of a state?
Article One
What is sovereignty?
The complete and continuing power of the state to govern itself, including independence, control over territory
+ ability to govern self
What is internal sovereignty?
The power a government has within its own state, and where this power is located
What is external sovereignty?
State’s ability to act as an independent and autonomous entity within world affairs
What is a nation?
Groups of people claiming common bonds, based on culture, language and history
What are exampeles of Nations?
Palestine, Kurds
What is a nation state?
Groups of people claiming common bonds based on culture, language and history WITH control over a defined territory
What are modern sources of state sovereignty?
Consent of the governed, modern constitutions, possession and use of force/territorial control, international law, international recognition
In terms of modern sources of sovereignty, what evidence is there for the consent of the governed being relevant?
UDHR Article 21. ‘The will of the people shall be the basis of the authority of government’
Sir Anthony Mason (former Chief Justice of High Court of Australia): ‘the sovereign power which resides in the people exercise on their behalf by their representatives’
In terms of modern sources of sovereignty, what evidence is there for possession and use of force/territorial control?
North Korea (massive military, controlling movement within country, etc)
Syria
In terms of modern sources of state sovereignty, what is the evidence for modern constitutions?
France: Article 3 of the Constitution: ‘National sovereignty shall vest in the people, who shall exercise it through their representatives and by means of referendum’
Australia: outlines system of representative government where parliamentarians exercise sovereignty on behalf of the people
In terms of modern sovereignty, how is international law invovled in state sovereignty?
Article One of Montevideo Convention outlines
In terms of modern sources of state sovereignty, how is international recognition important?
Membership of the UN
Diplomatic recognition from other states
When was the Peace of Westphalia signed?
1648
What does the Peace of Westphalia outline?
All states possess same legal rights (sole jurisdiction over territory, unrestricted control over domestic affairs + freedom to engage in foreign relations with other powers)
No other institute can regulate state conflict
Anarchy is organising principle
What are some threats to sovereignty?
Border checks disappearing
States affected by issues that aren’t defined by territory
Economic globalisation
Increased freedom of movement
MNCs
IGOs
International conventions that don’t see state sovereignty as an absolute
Non-state actors attempting to make new borders
Refugees
Supranationalism
What are some issues that states are affected by that aren’t defined by territory?
Climate change, migration, global terrorism
What are some reduced barriers to trade?
Trans-Pacific Partnership
European Union
When have IGOs been used?
Against Pakistan, operation to kill Osama bin Laden in 2011
What are counter claims to the idea that state sovereignty is being threatened?
Borders still define states
National identity matters
Economic policy is still decided by nation states
Resolution of major economic issues need states (e.g. 2008 financial crisis)
States choose and contribute to IGOs
No international governing body
States can break international law without punishment
Majority of borders are respected
What is supranationality?
When separate state governments form institutions that can exercise authority over member states
How does supranationality prove that state sovereignty is being threatened?
Members delegate some of their functions to a higher authority
What is a counterclaim to the idea that supranationality is threatening sovereignty?
States are choosing to join
States ignore rules
What are examples of the impacts of supranationality?
Germany signed Fiscal Stability Treaty -> must ability by EU’s economic principles, including that the budget deficit must not pass 3.0% of the GDP
In 2018, Hungary planned to pass a law to set up administrative courts within their own states, overseen by the Justice Minister. EU criticised law so Hungary abandoned
- Temporary Protection Directive. Ukrainians fleeing could choose the EU member state they wanted to reside in, without having to prove they were being prosecuted. E.g. 1.5 Million to POland
What are some times that supranationality has not worked?
- The actions in Hungary towards undocumented migrants were ruled to be against EU law (escorting to Serbia). Hungary ignored this + sent 2000 people back to Syria
What is globalisation?
Increased interconnection through the exchange of goods and services, aided by technology
What is an example of MNCs impacting state policy?
In 2019, France made a 3% tax on Big Tech firms.
Amazon responded by increasing seller fees by 3%
Sellers cannot escape taxes
How is globalisation a case for threatened state sovereignty?
Decline in economic power of individual governments (b/c MNCs are able to shape policies)
How is globalisation not a case for threatened state sovereignty?
Economic policies are still decided by nation states
What is humanitarian aid?
actions by organisations to alleviate human suffering in a sovereign state
How is humanitarian aid a case for decreasing state sovereignty?
states receiving help have to give up some of their sovereignty as another organisation is in charge of their affairs
How is humanitarian aid not a case for decreasing state sovereignty?
Humanitarian intervention is well-considered and doesn’t often happen
Examples of humanitarian intervention
UN began cross-border aid operation in 2014
(from 2020 onwards, Russia started using veto power to force most aid to stop)
In 2023, UNSCR 2672 was passed. Use of Bab-al Hawa border crossing for delivery into Syria until July 2023
What is a terrorist group?
groups that engage/promote the unlawful use of violence to achieve political goals
How is terrorism a case for threatened state sovereignty?
Government is no longer in control of its citizens
How is terrorism NOT a case for threatened state sovereignty?
often overruled (however, often rise again + retaliate more)
Example of Islamic State
- Controlled voer 100,000 square km + 10 milllion people
Operation Inherent Resolve (2019) was a military response that caused the IS to lose its territory in Iraq and Syria
However,
2021. IS did a suicide bombing that killed 31 people
- Conductred attacks on embassies in Kabul
