Sovereignty: The State, The Individual and The International Legal System in The Twenty First Centur

03 Aug 2025 --
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"Sovereignty: The State, The Individual and The International Legal System in the Twenty-First Century."

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Overview: Sovereignty in the 21st Century

1. Traditional Concept of Sovereignty

Originates from the Treaty of Westphalia (1648).

Emphasizes absolute authority of the state over its territory and population.

Key principles: non-intervention, territorial integrity, and political independence.

2. The State in the 21st Century

Still a key actor in international law and politics.

Increasingly challenged by:

Globalization

Supranational bodies (e.g., the EU)

International trade agreements

Transnational threats (e.g., climate change, terrorism, pandemics)

3. The Role of the Individual

Historically, international law focused on state-to-state relations.

Now, individuals are gaining direct recognition:

Human rights law (e.g., ICCPR, ECHR)

International criminal law (e.g., ICC prosecutions)

Refugee and asylum law

4. International Legal System

Increasing number of binding treaties, conventions, and international courts.

Emergence of "responsibility to protect" (R2P) doctrine challenges state sovereignty in cases of mass atrocities.

Tension between state sovereignty and international norms (e.g., intervention in Syria or Ukraine, climate agreements).

5. Key Tensions

Sovereignty vs. Human Rights: Can a state be left alone if it commits mass atrocities against its people?

National Law vs. International Law: What happens when domestic law conflicts with treaty obligations?

Sovereignty vs. Global Governance: How much power should be given to international organizations?

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