Sovereignty

Sovereignty is the highest political and legal authority a state possesses over a defined territory, its inhabitants, and the institutions operating within it. It means that a state alone makes its laws, controls its military and police forces, and decides matters concerning taxation, borders, and foreign relations, without taking orders from anyone else.

The concept is commonly divided into two aspects. Internal sovereignty is the authority a state exercises over its own territory. External sovereignty is the recognition by other states and international bodies that a state is treated as an equal. These two aspects do not always align: a state may be recognized but lack actual control over parts of its territory.

Origins of the concept

The term in its modern form comes from European political philosophy of the sixteenth and seventeenth centuries, particularly from thinkers attempting to explain who held ultimate power within a state. The Peace of Westphalia (1648) is often cited as a landmark representing a system of states based on defined borders and non-interference. Some historians argue the role of Westphalia has been overstated, and that the system developed gradually over centuries.

Requirements of statehood

International law generally identifies four requirements for statehood: a permanent population, a defined territory, a functioning government, and the capacity to enter into relations with other states. Two views exist on recognition: one holds that statehood exists once the criteria are met, the other that recognition by other states is constitutive of statehood. In practice, United Nations membership and diplomatic relations are important for a new state.

Limitations and challenges

Sovereignty is not absolute. States limit themselves by signing trade agreements, joining regional organizations (such as economic unions), or accepting the authority of international courts. Human rights law has also raised questions about the limits of non-interference when serious crimes occur. The UN Security Council has the power to authorize sanctions or military action against a state.

Sovereignty and self-determination

The right of self-determination (xaqa is-go'doominta) sometimes conflicts with the territorial sovereignty of an existing state. Most states support the principle of preserving borders, while groups within a state may demand independence. The result can be situations where actual control is held by a non-state authority that lacks significant international recognition.