23.1.2 Characteristics of National Sovereignty

Characteristics of National Sovereignty

Historical Context: The Peace of Westphalia (1648)

• Significance: The Peace of Westphalia, which ended the Thirty Years' War in 1648, is often cited as the origin of the modern concept of national sovereignty. It established the principle of territorial integrity and non-interference in the internal affairs of sovereign states, laying the groundwork for the nation-state system in Europe.

Internal Sovereignty

Definition

Internal sovereignty is the state's supreme authority over all matters within its territory. It involves the state's control over its population, laws, economy, social systems, and internal security. This sovereignty allows the state to govern without any interference from external forces.

Key Features

1. Legal Authority:

• Law Creation and Enforcement: The state has the power to create, enforce, and interpret laws that regulate the behaviour of its citizens. This includes setting out rights, responsibilities, and penalties for non-compliance. The state controls the judicial system, ensuring that laws are upheld and justice is administered.
• Judicial Power: The state possesses the authority to arrest, try, and punish individuals through its judicial system, which interprets and applies the law.

2. Political Authority:

• Government Structure: The state defines its political institutions, such as whether it is a parliamentary or presidential system, and sets the rules for how these institutions operate.
• Policy Implementation: The state formulates and enacts public policies that affect the welfare of its citizens, from health and education to national security.

3. Economic Control:

• Regulation and Taxation: The state regulates the economy through taxation, labour laws, and financial regulations to ensure economic stability and growth. It collects taxes from individuals and businesses to fund public services and infrastructure.

4. Social Control:

• Education and Health: The state influences social aspects of life by controlling the education system, setting curricula, and regulating standards. It also provides and oversees healthcare services to ensure public health and welfare.

5. Security and Order:

• Law Enforcement: The state maintains internal security through law enforcement agencies, such as the police, which enforce laws, prevent crime, and maintain public order.
• Military Power: The state has a military to defend against external threats and, in some cases, to maintain internal stability and control.

6. Surveillance and Monitoring:

• Intelligence Gathering: The state may monitor its citizens to ensure compliance with laws and to detect potential security threats. This can include surveillance of communications and movements.
• Use of Technology: The state may use technology to gather data on its citizens, monitor their activities, and ensure public order.

7. Civil Liberties and Human Rights:

• Constitutional Protections: While the state holds significant power, it is often bound by constitutions and international agreements that protect civil liberties and human rights.
• International Laws: States are also subject to international human rights laws and treaties, which can constrain their actions and limit the abuse of power.

8. Interference in Daily Life:

• Regulation of Personal Freedoms: The state's influence can extend into various aspects of daily life, including censoring media, restricting freedom of speech, and regulating personal behavior, such as laws on marriage or social conduct.

9. State of Emergency:

• Expanded Powers: In crises, the state may declare a state of emergency, temporarily expanding its powers to deal with extraordinary circumstances like natural disasters or terrorism. This can include imposing martial law or enacting emergency powers that suspend normal legal processes.

External Sovereignty

Definition

Key Features

1. Diplomatic Independence:

• International Relations: External sovereignty means that a state can engage in diplomatic relations, negotiate treaties, and participate in international organizations independently.
• Membership in IGOs: States can join intergovernmental organizations (IGOs) like the United Nations, European Union, or ASEAN, where they can collaborate with other states while retaining their sovereignty.

2. National Defence:

• Military Capability: A state with strong external sovereignty has the capability to defend its borders and maintain its territorial integrity against external aggression.
• Security Alliances: States often form security alliances, such as NATO, to strengthen their external sovereignty by ensuring collective defence against common threats.

3. Economic Independence:

• Control Over Trade: A state with external sovereignty has control over its economic policies, including trade relations with other countries. However, participation in international trade agreements can sometimes limit this independence.

4. Challenges to External Sovereignty:

• Influence of Superpowers: Some states may struggle to maintain external sovereignty due to the influence of more powerful nations. For instance, many African states are influenced by China through the Belt and Road Initiative, which can affect their foreign policy decisions.
• Responsibility to Protect (R2P): The global commitment to R2P, endorsed by the UN, has introduced the concept of "responsible sovereignty", where states that commit severe human rights abuses may face international intervention, thus challenging their external sovereignty.

Non-State Actors and Sovereignty

5. Intergovernmental Organizations (IGOs): Organizations like the UN, EU, ASEAN, and WHO influence global governance and can impose regulations or interventions that affect state sovereignty.
6. Non-Governmental Organizations (NGOs): NGOs such as Amnesty International and Human Rights Watch advocate for human rights and can pressure states to change their policies, sometimes challenging state sovereignty.
7. Multinational Corporations (MNCs): Companies like Apple and Samsung operate globally and can influence economic policies and labor practices, sometimes limiting state control over their own economies.
8. Religious Groups: Some religious organizations hold significant influence over large populations, which can challenge the sovereignty of states, especially in regions where religious and state authorities overlap.
9. Illegitimate and Violent Actors: Groups such as Al Qaeda, Islamic State, Al Shabaab, and drug cartels operate outside the control of any state, often challenging the sovereignty of states through violence and illegal activities.

Challenges to Sovereignty

1. Authoritarian States:

• Strengthening Control: Authoritarian regimes often bolster their internal sovereignty through human rights abuses and dictatorial governance, limiting personal freedoms and centralizing power.
• Global Criticism: These practices often draw international criticism and sanctions, which can challenge both internal and external sovereignty.

2. Democratic, Powerful States:

• Shaping IGOs: Powerful democratic states often influence international organizations (IGOs) to align with their interests, choosing which treaties to ratify and exercising significant control, such as the veto power held by the P5 members of the UN Security Council.
• Strong Internal Control: These states maintain robust internal sovereignty through democratic institutions and the rule of law.

3. Responsibility to Protect (R2P):

• Intervention in Sovereignty: R2P challenges traditional notions of sovereignty by justifying international intervention in states that fail to protect their populations from genocide, war crimes, and other severe human rights violations.
• Sanctions and Humanitarian Intervention: States that abuse human rights may face sanctions or military intervention, as seen in various global conflicts.

4. Democratic, Less Powerful States:

• Pooling Sovereignty: Less powerful democratic states often pool their sovereignty by joining supranational organizations like the European Union. While this can enhance their global influence, it also involves ceding some control over national affairs.
• Erosion of Sovereignty: Membership in such organizations can erode national sovereignty, as these states must adhere to collective decisions made by the group.

5. Fragile or Failed States:

• Loss of Control: Fragile or failed states, such as Afghanistan and Syria, struggle to maintain internal sovereignty, often losing territory and control to non-state actors or facing invasion by other states.
• External Interventions: These states are vulnerable to external interventions, as seen in Russia's invasion of Ukraine in 2022, which further undermines their sovereignty.

Conclusion

National sovereignty encompasses both the internal authority of a state to govern its territory and population and its external ability to act independently in international relations. While sovereignty is a defining characteristic of nation-states, it is constantly challenged by internal dynamics, external pressures, and the growing influence of non-state actors. Understanding these challenges is crucial in analyzing the contemporary landscape of global politics and the evolving nature of sovereignty in the modern world.