The evolving nature of state sovereignty

Question 1

What are the key features of a state?

Answer 1

A defined territory

Permanent population

Effective government

Capacity to enter relations with other states

Question 2

What is the Montevideo Convention?

Answer 2

International agreement that outlines what statehood is

Question 3

What article of the Montevideo Convention defined the key features of a state?

Answer 3

Article One

Question 4

What is sovereignty?

Answer 4

The complete and continuing power of the state to govern itself, including independence, control over territory
+ ability to govern self

Question 5

What is internal sovereignty?

Answer 5

The power a government has within its own state, and where this power is located

Question 6

What is external sovereignty?

Answer 6

State’s ability to act as an independent and autonomous entity within world affairs

Question 7

What is a nation?

Answer 7

Groups of people claiming common bonds, based on culture, language and history

Question 8

What are exampeles of Nations?

Answer 8

Palestine, Kurds

Question 9

What is a nation state?

Answer 9

Groups of people claiming common bonds based on culture, language and history WITH control over a defined territory

Question 10

What are modern sources of state sovereignty?

Answer 10

Consent of the governed, modern constitutions, possession and use of force/territorial control, international law, international recognition

Question 11

In terms of modern sources of sovereignty, what evidence is there for the consent of the governed being relevant?

Answer 11

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’

Question 12

In terms of modern sources of sovereignty, what evidence is there for possession and use of force/territorial control?

Answer 12

North Korea (massive military, controlling movement within country, etc)

Syria

Question 13

In terms of modern sources of state sovereignty, what is the evidence for modern constitutions?

Answer 13

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

Question 14

In terms of modern sovereignty, how is international law invovled in state sovereignty?

Answer 14

Article One of Montevideo Convention outlines

Question 15

In terms of modern sources of state sovereignty, how is international recognition important?

Answer 15

Membership of the UN
Diplomatic recognition from other states

Question 16

When was the Peace of Westphalia signed?

Answer 16

1648

Question 17

What does the Peace of Westphalia outline?

Answer 17

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

Question 18

What are some threats to sovereignty?

Answer 18

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

Question 19

What are some issues that states are affected by that aren’t defined by territory?

Answer 19

Climate change, migration, global terrorism

Question 20

What are some reduced barriers to trade?

Answer 20

Trans-Pacific Partnership

European Union

Question 21

When have IGOs been used?

Answer 21

Against Pakistan, operation to kill Osama bin Laden in 2011

Question 22

What are counter claims to the idea that state sovereignty is being threatened?

Answer 22

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

Question 23

What is supranationality?

Answer 23

When separate state governments form institutions that can exercise authority over member states

Question 24

How does supranationality prove that state sovereignty is being threatened?

Answer 24

Members delegate some of their functions to a higher authority

Question 25

What is a counterclaim to the idea that supranationality is threatening sovereignty?

Answer 25

States are choosing to join States ignore rules

Question 26

What are examples of the impacts of supranationality?

Answer 26

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 2022. 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

Question 27

What are some times that supranationality has not worked?

Answer 27

2020. 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

Question 28

What is globalisation?

Answer 28

Increased interconnection through the exchange of goods and services, aided by technology

Question 29

What is an example of MNCs impacting state policy?

Answer 29

In 2019, France made a 3% tax on Big Tech firms. Amazon responded by increasing seller fees by 3% Sellers cannot escape taxes

Question 30

How is globalisation a case for threatened state sovereignty?

Answer 30

Decline in economic power of individual governments (b/c MNCs are able to shape policies)

Question 31

How is globalisation not a case for threatened state sovereignty?

Answer 31

Economic policies are still decided by nation states

Question 32

What is humanitarian aid?

Answer 32

actions by organisations to alleviate human suffering in a sovereign state

Question 33

How is humanitarian aid a case for decreasing state sovereignty?

Answer 33

states receiving help have to give up some of their sovereignty as another organisation is in charge of their affairs

Question 34

How is humanitarian aid not a case for decreasing state sovereignty?

Answer 34

Humanitarian intervention is well-considered and doesn't often happen

Question 35

Examples of humanitarian intervention

Answer 35

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

Question 36

What is a terrorist group?

Answer 36

groups that engage/promote the unlawful use of violence to achieve political goals

Question 37

How is terrorism a case for threatened state sovereignty?

Answer 37

Government is no longer in control of its citizens

Question 38

How is terrorism NOT a case for threatened state sovereignty?

Answer 38

often overruled (however, often rise again + retaliate more)

Question 39

Example of Islamic State

Answer 39

2013. 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 2022. Conductred attacks on embassies in Kabul