Preview

Public International Law Case Study: The Concept Of State Sovereignty

Good Essays
Open Document
Open Document
869 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Public International Law Case Study: The Concept Of State Sovereignty
Public International Law Case Study By: Benedicte Akambu Module Code: LG134 Student Number: 14553233

Question One
a) Explain the concept of state sovereignty.
When we look at the concept of state sovereignty, first of all we must look at the word sovereignty. We may ask ourselves questions like what does the word mean, what is the concept driven behind this word sovereignty that States hold in high esteem and how States apply this concept of “state sovereignty” when dealing with matters with the international community and within their very own borders.
The definition of sovereignty in the
…show more content…
Fowler and Bunk state that “sovereignty is a declaration of political responsibility for governing, defending, and promoting the welfare of human community” (Fowler and Bunck, 1995). Furthermore, Fowler and Bunck add that sovereignty serves as a reminder to states that when issues concerning another sovereign’s territory, they should attempt to resolve the matter unilaterally (Fowler and Bunck, 1995). According to Antonio Cassese, state sovereignty includes (1) the power to wield authority over all the individuals living in the territory. (2) The power to freely use and dispose of the territory under the State’s jurisdiction and perform all activities deemed necessary or beneficial to the population living there. (3) The right that no other …show more content…
In regards to this case study, both states have signed and ratified the Genocide Convention therefore they are bound by this Treaty. In Article II of this convention, genocide is an act committed with intent to destroy, in whole, or in part, a national, ethnical, racial or religious group, as such:
a) Killing members of the group;
b) Causing serious bodily or mental harm to members of the group;
c) Deliberately inflicting on the group conditions of life calculated to being about its physical destruction in whole or in part;
d) Forcibly transferring children of the group to another

You May Also Find These Documents Helpful

  • Good Essays

    Sovereignty is supreme and independent power or authority in government as possessed or claimed by a state or community, so it’s basically a government or state having power and authority over another.…

    • 624 Words
    • 3 Pages
    Good Essays
  • Good Essays

    government, it has been said, are delegated by the states, who alone are truly sovereign”…

    • 952 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Tma 07 - Ema

    • 657 Words
    • 3 Pages

    Authority is an important resource for the state and any other organisation seeking to govern peoples conduct as it enables organisations and social actors that form parts of the state to direct aspects of social life. It also enables organisations to intervene to direct particular people or improve particular conditions. The relationship between the state and its territory is not pre-given but rather is a product of constant claims and the authority of the state has to be created and sustained.…

    • 657 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The state is a self-governing body that is independent, has a permanent population as well as a defined territory and is self-supporting. It acquires the power to create and modify legislation. Therefore a state has sovereignty over its territory; this indicates that is has considerable economical, political, social and legal power. The state however also has an obligation to address the needs of the individuals of the state as well as the community, yet; on the other hand legislation is introduced to help limit the power of the state. When the needs of the individual come in difference with the varying needs of the sate, conflict arises; thereby it is required for the needs of the individual and the state to be in balance. Citizens of a sovereign state are able to challenge state power in two ways: by informal means and formal means.…

    • 1333 Words
    • 4 Pages
    Good Essays
  • Good Essays

    International Mkt

    • 3534 Words
    • 15 Pages

    | Learning Objective: 06-01 - What the sovereignty of nations means and how it can affect the stability of government policies…

    • 3534 Words
    • 15 Pages
    Good Essays
  • Good Essays

    A. "We claim that the constitution...shall be the supreme law of the land. But we also…

    • 2320 Words
    • 10 Pages
    Good Essays
  • Powerful Essays

    A close ratiocination of the instances where there have been claims for self determination one can sufficiently claim that the right to self determination and the right of a state to its sovereignty are always at logger heads. When these two rights are pitted against each other, the quest here is for the determination of which rights supersedes the other in such scenarios. It can be referred to as a difficult balancing act. In today’s multi ethnic states there clearly have to be a balance, an acceptable equilibrium between a states sovereign power and the rights of minorities which international law has been extremely succinct about which affirms the commitment of international actors and policy makers to human dignity.…

    • 1735 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Sovereignty in general terms means,” supreme authority.” It involves authority over all others within its field of operation, and the absence of any other superior authority in that same field. The United States has its own form of sovereignty, which is “Popular Sovereignty.” Popular sovereignty is,” the belief that the authority, legality and legitimacy of the government is created by the will or consent of its people” (Popular sovereignty: US history for kids***, 2015). Popular sovereignty ultimately leaves the source of political power in the hands of American citizens. The purpose of our government is to help regulate our American society. The government is solely based on the U.S Constitution, as the U.S. Constriction is considered to…

    • 346 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    IRA: 1 "How a twist on an old Idea can protect the world 's most vulnerable populations" (Soros). State sovereignty came into effect after the Treaty of Westphalia 1648, now with a twist on the idea of sovereignty, the people come to power. The author cries for the recognition and importance of open societies, and their ability to accept foreign aid.…

    • 1814 Words
    • 8 Pages
    Powerful Essays
  • Best Essays

    Genocide is prohibited by the rule of jus cogens and can be characterised as crime under international law under the 8resolution 96 (1) of the UN general assembly in addition to the ILC commentaries text in the 1969 Vienna Convection Law of treaties and in Art 40 daft articles 2001 on state…

    • 2776 Words
    • 12 Pages
    Best Essays
  • Better Essays

    Such dual sovereignty does not exist in unitary and confederal systems, where sovereignty is held by one level of government. The State government is responsible for things like marriage, marijuana, abortion. The state can also delegate responsibility to the local government in a unitary system type fashion based on the state’s constitution.…

    • 1050 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    The straight forward answer for the definition of sovereignty would be “a country’s independent authority and the right to govern itself”. A good way to think of it would be a country’s independence or their basic liberties and self-governance. In the United States we always make statements about freedom, this thought that we were able to do what we want would be a great example of sovereignty that we as Americans can all relate to.…

    • 335 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Define Genocide

    • 1179 Words
    • 5 Pages

    The United Nations currently recognise the Convention on the Prevention and Punishment of the Crime of Genocide adopted in December 1948. Within this convention Article 2 states that:…

    • 1179 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    3. The principle of all sovereignty resides essentially in the nation. No body nor individual may exercise any authority which does not proceed directly from the nation.…

    • 822 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Nation states (being the country) have sovereignty, which means that they have the right to make all the laws within the territories they govern, but also allows them to make treaties with other states and these treaties are the primary source of international law. State sovereignty is the states exclusive right to make laws for its own people without interference from outside countries. It is defined by having : defined borders (geographical area), a permanent population…

    • 991 Words
    • 4 Pages
    Good Essays